When a divorce case involves custody issues, those custody issues frequently become the central (and most emotional) in the entire case. And appropriately so. A parent’s relationship with his or her children can be significantly impacted by the psychological and...
The answer to this question is fairly simple, but the consequences are significant and far-reaching for an individual paying or receiving spousal support. For starters, though the term “alimony” has reached a certain level of notoriety in popular culture, it is not a...
Unfortunately, this is not a question with a particularly easy answer. From a purely procedural standpoint, the Family court cannot enter a Judgment of Dissolution of Marriage for at least six months after the original Petition for Dissolution was filed. The reason...
This question is perhaps the most common question divorce lawyers face in their practices. And the answer is virtually impossible to ascertain early in the process, however distressing that is to potential clients. The reasons for the lack of certainty regarding...
I am frequently asked by my professional clients (i.e. attorneys, physicians, accountants, etc.) whether their professional practices are fair game in divorce court for their soon-to-be-ex spouses. The answer to that question (not surprisingly) is a resounding...
A “QDRO” is a Qualified Domestic Relations Order. These orders are required for the parties in a divorce action to properly divide certain retirement assets. 401(k) Plans, 403(b) Plans, defined benefit or defined contribution pension plans, and a handful of other...
This question is raised frequently in a Family Law practice, mostly because of a common misconception of what “separation” actually is. The “date of separation” is a key element in any divorce case, and the use of the word “separation” in this sense is the root cause...
In any case involving children, the Family Court will expect the parents to attend custody mediation before it issues any substantive orders regarding the parenting plan. If the parties to the divorce action (or to the parentage action if the parties are not married)...
