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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

    Divorce Without the Drama
    A Family Law Blog

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    Domestic Violence
    From Batterer Intervention to Abuse Intervention: What New Jersey’s Changing Approach Means for Domestic Violence Survivors
    BY Lisa N. Roskos

    For many years, attorneys and courts addressing domestic violence in New Jersey were familiar with the term Batterer Intervention Program (BIP). In appropriate cases, a Final Restraining Order (FRO) could include a requirement that the defendant ...

    Divorce
    New Jersey Divorce Law Frequently Asked Questions
    BY Lisa N. Roskos, Paul J. Rufo

    When you’re going through a divorce, it can be an emotional, confusing process. Below are frequently asked questions that come up during the divorce process for our Family Law group. Please note that many of these questions are specific to New ...

    Arbitration
    Preparing for Your First Family Law Divorce Consultation – What to Gather, What to Expect and How to Prepare
    BY Paul J. Rufo, Carolyn N. Daly

    Deciding when to speak with a divorce lawyer is often one of the hardest parts of the process. Many people wait until they feel certain about divorce, but realistically, you do not need to have everything figured out before seeking guidance. ...

    Divorce
    Filing for Divorce Does Not Mean You are Going to Trial
    BY Lisa N. Roskos, Carolyn N. Daly

    Filing a divorce complaint can create structure, require participation and open additional paths to resolution through negotiation, mediation or arbitration. One of the most common concerns we hear from people considering divorce is, “I do not ...

    Domestic Violence
    TRO: Protecting Victims Without Misusing the Process in New Jersey
    BY Lisa N. Roskos

    Temporary Restraining Orders (TROs) are a cornerstone of domestic violence protection in New Jersey. Under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 et seq., courts are empowered to act quickly—often the same day—to ...

    Domestic Violence
    Trauma and Testimony: Understanding the Interplay in New Jersey Family Court
    BY Lisa N. Roskos

    Family court matters are often decided based on facts, many of which are presented through direct testimony—who said what, who did what and when. However, when a witness has experienced trauma, those facts do not always emerge in neat, ...

    Divorce
    8 Simple Rules: Evidence in Family Law
    BY Sean P. Gaynor

    In New Jersey, just as in all our courts, we have specific rules on what evidence can be introduced in cases. Oftentimes, in Family Law cases, these rules get overlooked, both by judges and attorneys. The rules are made in part to shield jurors from ...

    Domestic Violence
    Appellate Division Strengthens Prevention of Domestic Violence Act
    BY Sean P. Gaynor, Lisa N. Roskos

    In a published opinion last week, the Appellate Division further strengthened the Prevention of Domestic Violence Act (PDVA) and reaffirmed the Act’s core purpose of assuring victims of domestic violence “maximum protection from abuse the law ...

    Co-Parenting
    When Do Parties Have a “Child in Common”? Clarifying PDVA vs. VASPA Protections in New Jersey
    BY Lisa N. Roskos

    New Jersey offers strong legal protections for individuals who are victims of abuse through two primary statutes: the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 et seq., and the Victim’s Assistance and Survivor Protection ...

    Domestic Violence
    Dissolution of Final Restraining Orders in New Jersey
    BY Sean P. Gaynor

    Unlike in almost every other state, New Jersey Final Restraining Orders (FROs) never lapse, and can only be dissolved pursuant to an application to the court. While it is not easy for a defendant to seek to dissolve some, it is possible provided you ...

    Domestic Violence
    Co-Parenting and Domestic Violence: Options for Safe Parenting in Unsafe Relationships
    BY Lisa N. Roskos

    Under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 et seq., individuals who meet the statutory definition of a “victim of domestic violence” are entitled to significant legal protections through final restraining orders ...

    Custody
    Less is More: What You Don’t Need for Custody Disputes
    BY Sean P. Gaynor

    There is a notion among many family law practitioners that an expert is necessary in any custody dispute, and that notion simply does not jibe with the realities of today or the law on custody. Many clients who have legitimate custody issues simply ...

    Divorce
    Wishful Thinking Could Cost Your Heirs Millions: The Vital Requirement for a Unified Carefully Drafted Approach to Divorce and Estate Planning

    Financial Planning for Family Meets the Cold Light of the Court Divorce is a reality for almost a million American couples each year. Across the range from amicable to hard fought, most divorces including children involve a desire from both sides to ...

    Domestic Violence
    It’s Complicated: Relationship Status and Jurisdiction under VASPA and the PDVA
    BY Lisa N. Roskos

    New Jersey is widely recognized for its robust legal protections for victims of domestic violence. The Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 et seq., provides meaningful safeguards through Final Restraining Orders (FROs) for ...

    Custody
    Safety as a Threshold Issue: What the New Custody Statute Requires and What It Does Not
    BY Carolyn N. Daly

    One of the most significant changes to New Jersey’s custody statute is the legislature’s elevation of safety to a central role in custody and parenting-time determinations. The amended statute now declares that judicial decisions regarding ...

    Custody
    Governor Murphy Signs Law That Substantially Re-Designs New Jersey’s Custody Statute
    BY Sean P. Gaynor

    In one of his final acts before Mikie Sherrill was sworn in as Governor of New Jersey, Governor Murphy signed S4510/A5761 into law. The act states that it “clarifies procedures in certain contested child custody cases.” In practice, ...

    Domestic Violence
    Overview of Domestic Violence Protections in New Jersey
    BY Sean P. Gaynor

    Our legislature has aimed to ensure victims of domestic violence have “the maximum protection from abuse the law can provide.”  N.J.S.A. 2C:25-18. In doing so, they have created a civil remedy in the form of the ability to obtain temporary and ...

    Custody
    Understanding Interstate Custody Jurisdiction Under the UCCJEA: A Guide for New Jersey Parents
    BY Carolyn N. Daly

    When parents live in different states, questions often arise about which court can decide child custody. This issue—known as jurisdiction—can be complex and stressful and can significantly affect the outcome of a custody case. The Uniform Child ...

    Child Support
    Understanding UIFSA and Interstate Child Support
    BY Carolyn N. Daly

    When parents live in different states, questions often arise about which state’s court can enforce or modify a child support order. To eliminate confusion and promote fairness, the Uniform Interstate Family Support Act (UIFSA) was enacted ...

    Domestic Violence
    Extreme Risk Protective Orders: A Little-Known Law that Provides Significant Safety Measure
    BY Lisa N. Roskos

    Most people are aware of the option or ability for victims and survivors of domestic violence to obtain a restraining order against their abuse under New Jersey’s Prevention of Domestic Violence Act (PDVA) N.J.S.A. 2C:25-17 et seq. An extremely ...

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