Recent Blog Posts
- Debunking New Jersey Family Law Myths - Part 2
Myth 2: Divorced or unmarried parents do not have a financial obligation to provide post-secondary education support to their unemancipated children. As a family law practitioner, I often find that one of the “hot button” issues for my clients is the forced contribution to the post-secondary (college) costs of their children. New Jersey is in the minority of states that require divorced and unmarried parents to contribute to at least a portion of their children’s educational expenses. Many scholarly articles and oral arguments have been made concerning the unfairness of this requirement because married parents have no legal obligation to support their children through college. However, the notion of a divorced or unmarried parent’s contribution seems heavily embedded in our law and a change does not seem to be on the horizon. As a parent of a college-aged child, it is important that you understand the law surrounding this obligation. Our Supreme Court, in .... - Pre-Owned and Inherited Assets
The issue of pre-owned assets frequently arises in divorces involving persons who were married later in life or second marriages. If one or both of the parties have accumulated assets prior to their marriage, very difficult issues often arise as to how those assets should be treated in the event of a divorce. Although this article will not specifically discuss Prenuptial Agreements, the best advice to be given to any person who own significant assets at the time of their marriage, is to negotiate and properly execute a Prenuptial Agreement. The Prenuptial Agreement should specifically itemize the pre-owned assets by description, estimated value, account number or other clear and unequivocal identification. The Agreement should then define not only the intended distribution of such assets in the event of a divorce, but the distribution of any increase in value and whether or not either or both of the parties should receive credit for .... - DurstNotes on Divorce Law - # 9
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law. This is the ninth and final installment of DurstNotes on Divorce Law, and will discuss counsel fees. This podcast will address the considerations that are taken into account when determining who will have to pay counsel fees. You can download Installment #9 here. (4.3 MB) Installment 9 Show Notes (PDF) .... - Domestic Violence Victim - Change of Name
In The Application of EFG to Assume a New Name (decided by the New Jersey Appellate Division on March 17, 2008) the Appellate Court ruled that a victim of domestic violence who wished to change her name was not required to publish her new name and that the Court records of the name change could be sealed.Ordinarily a person who has changed their name is required to publish notice of the new name as public notice to creditors or other interested parties. The Court records of a name change are generally not sealed, and are open, public records.In EFG the party changing her name, a victim of prior domestic violence, asked that it not be published and that the records be sealed in order to protect her new identity from the perpetrator of the abuse. The Trial Court originally ruled that it had no authority to abrogate the publication requirement or to seal the records. On appeal, the Appellate Court held that under the circumstances, the victim's right to protect herself and .... - DurstNotes on Divorce Law - # 8
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law. This is the eighth installment of DurstNotes on Divorce Law, and will discuss medical and life insurance coverage. The podcast will address how to change the beneficiary of your life or medical insurance, as well as how to maintain your insurance after the divorce settlement is finalized. You can download installment #8 here. (4.2 MB) Installment 8 Show Notes (PDF) .... - DurstNotes on Divorce Law - # 7
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law. This is the seventh installment of DurstNotes on Divorce Law, and will discuss social security and pension benefits. This podcast will include a discussion on the differences between social security and pension benefits, and what you can expect to incur when facing these issues during the determination of your divorce agreement. You can download installment #7 here (4 MB) Installment 7 Show Notes (PDF) .... - The Basics of Custody
The custody arrangement for minor children is often the most important issue in a divorce. There are, of course, cases in which one of the parents has abandoned their parental responsibilities, suffers from various addictions, suffers from a significant mental or emotional condition or are otherwise unfit to assume either physical or legal custody. In such cases, the specific facts must be carefully analyzed, and it may be that one party should have limited parental rights, supervised visitation or that the circumstances may even require a Parenting Coordinator. Supervised visitation means that a person cannot be in the presence of their child without appropriate adult supervision. A Parenting Coordinator is utilized to facilitate decision making when the parents are incapable of doing so themselves. These alternatives should be used only when absolutely necessary and only as solutions of last .... - DurstNotes on Divorce Law - # 6
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law. This is the sixth installment of DurstNotes on Divorce Law, and will discuss equitable distribution. This podcast will address how equitable is determined through a discussion of marital assets and liabilities at the time of your divorce. This podcast will also give you an outline of the procedures used to create an equitable distribution format. You can download installment #6 here. (8.3 MB) Installment 6 Show Notes (PDF) .... - DurstNotes on Divorce Law - # 5
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law. This is the fifth installment of DurstNotes on Divorce Law, and will discuss alimony. The podcast will address the factors that are considered in determine alimony, a discussion on the differences between alimony and child support, and the ability to modify an alimony payment. You can download installment #5 here. (5.9 MB) Installment 5 Show Notes (PDF) .... - DurstNotes on Divorce Law - # 4
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law. This is the fourth installment of DurstNotes on Divorce Law, and will discuss the payment of college expenses for a child. The podcast will address the determining factors of college expenses such as the amount of contribution being sought, the ability of each parent to pay the anticipated amount, and the financial resources of the child. You can download installment #4 here. (5.1 MB)Installment 4 Show Notes (PDF) .... - DurstNotes on Divorce Law - # 3
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law. This is the third installment of DurstNotes on Divorce Law, and will discuss the emancipation of a child. This podcast will address state regulations and the exceptions to these regulations, what factors are considered when emancipation is an option, and how a family's lifestyle can determine whether or not emancipation is the best option for the child. You can download installment #3 here. (4.5 MB) Installment 3 Show Notes (PDF) .... - DurstNotes on Divorce Law - # 2
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law. This is the second installment of DurstNotes on Divorce Law, and will discuss child support. This podcast will address guidelines for the amount of support that needs to be paid from one parent to another, as well as medical expenses, work-related daycare expenses, educational tutoring, athletic fees and additional extracurricular activities. You can download installment #2 here. (3.9 MB) Installment 2 Show Notes (PDF) .... - Equitable Distribution in Domestic Partnerships
In the first decision of its kind in New Jersey, a Gloucester County judge has ruled that persons who registered as domestic partners since 2004 but who did not form a civil union under the 2006 law are nonetheless entitled to an equitable distribution of assets in the same way such assets would be distributed in the divorce of a married couple. In addition, the judge discussed the "special circumstances" of gay couples who often had years of a committed relationship before being able to legally formalize it in 2004 or 2006, concluding that the period of equitable distribution began at the formation of the parties' relationship in 1999 rather than their establishment of the domestic partnership in 2004. This case is important in terms of the court's consideration of the entire span of a committed same sex relationship, since no legal recognition was available until 2004. Whether the decision will be appealed is unknown; however, it represents the first step in .... - DurstNotes on Divorce Law - # 1
DurstNotes on Divorce Law is a nine part podcast series of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law. This is the first installment of DurstNotes on Divorce Law, and will discuss custody of the children. This podcast will address common aspects of child custody related matters, such as physical and legal custody, supervised visitation rights, use of a parenting coordinator, and how to agree on an arrangement in the best interest of the child. You can download podcast # 1 here. (6 MB) Installment 1 Show Notes (PDF) .... - Follow-up on Step-Mother Kidnaping Case
On September 21,2007 Robert J. Durst wrote questioning the logic of step mother's conviction for kidnaping her step children. A Ms.Froland left the country with her step children and her husband, their father. The kidnaping charge against her husband, the father, had been dismissed on the theory that he had the right to relocate/travel with his children. However, an Appellate Court had ruled that his rights did not extend to his second wife, the children's step mother, Ms. Froland. The Appellate Court held that she could be convicted of kidnaping the children notwithstanding the dismissal of the charges against her husband. Mr. Durst questioned the logic of that decision and urged the New Jersey Supreme Court to reverse it. On December 12, 2007 the Supreme Court released its opinion. The opinion written by Justice Virginia Long (one of the State's foremost Family law experts and a former Family Court Judge) found that Ms. Froland could not .... - Divorce Law Podcast - # 10
The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce. This tenth and final installment of the Divorce Law Podcast will focus on moving on with your life after your divorce is final. You can download the tenth installment here. (4.5 MB) Episode 10 Show Notes (PDF) .... - Your Divorce -- You Do Have Alternatives
A common, but sad comment which we often hear from clients who are facing a divorce is theirfeeling that they have no choices. No choice because their spouse wants a divorce or no choice because their spouse’s behavior compels them to file for a divorce. Feeling that one is out of control of something as important as the continuation of their marriage, is sad to hear, and, I am sure, frustrating to the individual. However, it is seldom true. You do have a number of choices beginning with how or whether you can accept your spouse’s behavior or decision to a number of very important choices from the inception of your divorce to its conclusion. Consider, for example, the following. Your spouse’s behavior----or expressed decision to seek a divorce-- You may find that your spouse is engaged in an extramarital affair, your spouse may be abusing alcohol or your spouse may be inattentive and unaffectionate. Your spouse may announce to you that he/she has decided to file .... - Societal Norms: Are there any left after CALBI?
In Mani v. Mani (183 NJ 70, 2005) Justice Virginia Long, writing the majority opinion for the New Jersey Supreme Court, held that marital fault was not a relevant factor in determining alimony with the exception of two narrow circumstances: 1. The fault affected the economic life of the parties, or2."the fault so violated societal norms that (the payment of alimony) would confound notions of simple justice" The second circumstance---conduct which violates societal norms and confounds notions of simple justice--- was recently addressed by a panel of the New Jersey Appellate Division in Calbi v. Calbi. (released 11/21/2007). In Calbi the wife, who was receiving alimony, killed the parties 14 year son in what was described as "an alcoholic rage". The wife had kicked and beaten the son to extent that he subsequently bled to death, she had pleaded guilty to second degree aggravated assault and was incarcerated. The .... - Divorce Law Podcast - # 9
The Divorce Law Podcast is a 10 episode series presented by Robert Durst, Shareholder and Chairperson of Stark & Stark's Divorce Law Group. The series is constructed so that listeners may use it as an "owners manual" for their divorce. This ninth installment of the Divorce Law Podcast will focus on the follow-up issues you will encounter after your divorce has been settled. This includes the enforcement and implementation of the judgment from your case, including any QDROs (Qualified Domestic Relations Order) that may have been determined during your case. You can download the ninth installment here. (4.2 MB) Episode 9 Show Notes (PDF) .... - Debunking New Jersey Family Law Myths - Part 1
Myth 1: The gender of a parent is the determining factor in establishing custody of a child Many clients seem to believe that a judge will award them custody of their child because “a judge will never separate a daughter from her mother or separate a son from their father”. It is a common misconception that the New Jersey Family Courts use gender as the exclusive factor when deciding which parent is awarded custody of a child. The gender of a parent is just one piece in the complicated puzzle that our Courts refer to when administering the “best interest” test. Sex-based presumptions have eroded in favor of an inquiry focused solely on the overall “best interests” of the child. The “best interest” analysis takes into account the child’s general safety, happiness, mental and moral welfare as well as ....
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