Tag Archive for: new jersey family law

Domestic Violence: Proving The Need For A Final Restraining Order

Get help for domestic violenceThe New Jersey courts strive to take domestic violence seriously, and, in this pursuit, the courts evaluate every situation where domestic violence is alleged. In some cases, the courts find that even though a defendant may indeed have harassed another, there simply may not be a need for a final restraining order. What factors are taken into consideration when making this decision? A recent court case sheds some light Read more

New Jersey Court Ruling May Change College Tuition Obligation Rules for Divorced Parents


When the relationship between a divorced parent and their child is a rocky one, is that parent obligated to pay college tuition? This is the question at the center of a precedent-setting court decision issued Friday by Ocean County Superior Court Judge Lawrence Jones. Read more

Questions Arise: What is Constructive Abandonment in the Rachel Canning Case

iStock_000016363488SmallDevelopments in the Rachel Canning case continue to have New Jersey parents, and indeed, parents throughout the entire country, scratching their heads in bewilderment. The court has ordered both parties to provide trial briefs discussing “constructive emancipation” and “constructive abandonment.”

What do these terms mean? As we recently discussed, New Jersey courts haven’t generally used the term “constructive emancipation,” but courts in some other states, including New York, have. Looking at interpretations in those states, we can at least understand how Rachel Canning’s case hinges on whether or not she is emancipated (whether constructively or otherwise). Read more

Sesame Street Actor Embroiled in Dispute Over Oral Palimony Agreement

Should Montclair resident Sharon Joiner-Orman receive palimony from her partner of 39 years, Sesame Street actor Roscoe Orman — even though the support agreement was never put in writing? Here’s the scoop on a controversial new ruling from a New Jersey Superior Court judge. Read more

Weinberger Divorce & Family Law Group, LLC Attorney Featured Speaker at Department of Families & Children Seminar

Weinberger Divorce & Family Law Group, LLC is pleased to announce that associate attorney Veronica R. Norgaard, Esq. will be the featured speaker at the upcoming Young Lawyers 101 CLE Seminar: “Department of Families and Children 101,” held Thursday, November 14, 2013. The event is sponsored by the Middlesex County Bar Association. Read more

New Laws Governing New Jersey Prenuptial Agreements

Prenuptial Agreements

Family lawyers, having lost the battle to block a new law restricting judicial interpretations of prenuptial agreements, are girding for its impact. The law, signed June 28 by Gov. Chris Christie, mandates that judges evaluate the agreements as of the date of their signing, not the date of enforcement — effectively removing consideration of changed circumstances.

On June 28, 2013, Governor Christie signed into law key rule changes concerning the enforceability of prenuptial or pre-civil union agreements in New Jersey. Weinberger Divorce & Family Law Group, LLC attorney Carmela Novi wrote a guest blog explaining these prenuptial agreement rule changes when they were first proposed in the New Jersey Assembly last year (See New Jersey Bill Questions Conscionability in Prenuptial Agreements). However, now that they are official, how do changes to pre-nups affect those seeking pre-martial agreements, or attempting to enforce or dispute one already in place? Read more

Patrick Stewart’s Strong Words About Domestic Violence

You may already be a fan of Patrick Stewart, the actor who played Captain Jean-Luc Picard in the TV and film versions of Star Trek II, but if you have any interest at all in the issue of ending domestic violence, get ready to fall in love all over again. Read more

NJ Court Rules: Pregnant Victims of Domestic Violence Can Seek Restraining Orders for Unborn Children

In an important new ruling handed down last week by a Superior Court judge in Ocean County, pregnant women threatened with domestic violence can file for restraining orders to protect their unborn children. Read more

Bethenny Frankel Divorce: Who Prevails When Both Parents Want Custody?

The latest development in the contentious divorce between reality diva Bethenny Frankel and estranged husband Jason Hoppy is shaping up to be a nasty child custody fight over the couple’s 2-year old daughter Bryn. At issue is the claim on the part of both parents for sole custody of the little girl.

As the NY Post and sources report, “Jason has . . . requested sole custody of Bryn, just as Bethenny did when she initially filed. Jason doesn’t want to cut Bethenny out of his daughter’s life, and he recognizes that Bryn needs her mommy. Jason is agreeable to joint custody of Bryn, but Bethenny is absolutely balking. She wants sole custody of Bryn, period. No compromises. It makes no sense because Jason is a very active father and plans to be a huge part of his daughter’s life.” Read more

How To Change Your Name Post-Divorce: A Check List

What’s in a name? If you are trying to make the difficult decision of whether or not to change your last name following your divorce, you may have already come up against some very conflicted thoughts… Read more