Probably not. The lawyers at our East Brunswick, New Hersey law firm have heard this request from our divorce client’s many times over the years. Long story short, your attorney will likely have a difficult time having a new judge assigned to your divorce in a New Jersey Family Court. This divorce case provides a great analysis of what is required to do so. [Read more…] about May I Have A New Judge Assigned To My N.J. Divorce?
Archives for 2014
In New Jersey, What is the Child Custody Neutral Assessment Program?
In the past few years, the Family Part of the Superior Court of New Jersey has employed the Custody Neutral Assessment program. This procedure is utilized when parents cannot agree to either custody or parenting time. In this program, a child psychologist interviews the parents or a clinical social worker in order to help the parents identify and focus on what disputes exist. Each interview is takes approximately three to four hours. Depending upon the age of the children, they may be interviewed as well. Within thirty days of all interviews being conducted, a report will be submitted to the appropriate family court judge and each New Jersey family law attorney.
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May I End My Alimony Payments In New Jersey If I Am Unemployed?
While a judgment of divorce may be final, as an experienced New Jersey divorce attorney I know that circumstances change and, sometimes alimony and child support obligations must be modified either up or down, in the interest of equity. The lead case is Lepis v. Lepis. There is no time limit to file an application to modify child support. At times, it does not make any difference that the changed circumstances only arose after some years of financial stability. The lawyers at my law firm are experts at how to demonstrate to a Judge of the Superior Court of New Jersey of what is truly a change of circumstances that would warrant modification of alimony.
[Read more…] about May I End My Alimony Payments In New Jersey If I Am Unemployed?
May A Parent Modify A Parenting Time Schedule In Order To See Their Child On All Holidays?
When parents agree to a parenting time schedule in New Jersey, it is binding. However, experienced child custody lawyers understand that it is possible to modify a parenting time schedule if it is in the child’s best interest to do so. What happens, though, if a parent originally agrees to a parenting time schedule, and then wants to modify it for his or her own personal interests? For instance, what if a parent wants to modify an existing parenting time schedule in order to see his or her child on all major holidays because the other parent decides not to celebrate those holidays? That was the issue that was addressed in the recent case of Anello v. Fiorina. [Read more…] about May A Parent Modify A Parenting Time Schedule In Order To See Their Child On All Holidays?
May a Judge Order Me To Pay Attorney’s Fees For My “Ex” If I Am Found To Be In “Bad Faith?”
Yes. As a New Jersey divorce lawyer, I have had many clients return to deal with issues that arose after their divorce was finalized. However, myself and the attorneys at my law firm always make it clear that if one desires to bring their “ex” back to a New Jersey Divorce Court due to their non-compliance with your Property Settlement Agreement, it is essential that they themselves are in compliance. If a judge of the Superior Court of New Jersey finds that you brought your application in “bad faith,” she may order you to pay for reasonable attorneys fees for your “ex.” In the following case, the court found the litigant in bad faith due to issues ranging from interference with parenting time to refusing to refinance the former marital home. Let’s take a closer look. [Read more…] about May a Judge Order Me To Pay Attorney’s Fees For My “Ex” If I Am Found To Be In “Bad Faith?”
May a Grandparent be Awarded Custody of a Child They Have Been Raising Since Birth?
For those of you who follow my, “New Jersey Divorce Lawyer Blog,” a constant theme when discussing child custody matters is a legal term of art known as, “the best interests of the child.” Often throughout my career, I have advised clients that while they are certainly important to the judge, the focus first and foremost of any is to protect children. Therefore, the child’s best interest comes before that of the parent. In fact, a New Jersey Family Court can award custody to a “psychological parent” as opposed to the child’s natural parents, even if they are “fit.” [Read more…] about May a Grandparent be Awarded Custody of a Child They Have Been Raising Since Birth?