We may think the prenuptial agreement ("prenup") is a new tool used by matrimonial lawyers to help minimize the risk involved in a divorce. However, prenups are ancient and were used throughout history to protect the rights of women. For example, in the Jewish faith the prenup is called the ...
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The Barker Chronicles
You Cannot Take a Position in a Divorce Proceeding Contrary to the One You Took in Tax Returns
Most married couples do not live their lives under the assumption that they will someday divorce. Even couples who are having difficulty in their marriages tend to believe that their problems will work out and they will remain married. As a result, spouses, when filing joint tax returns, usually ...
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New Case Makes a Significant Change in New Jersey Child Relocation Laws
The vast majority of family law cases settle before going to trial. In order to settle a case, both parties must negotiate in good faith and both parties and their lawyers must provide adequate disclosure to the other party. If it is later found out that one of the parties was not forthcoming, the ...
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Hell Has No Fury Like a Husband Scorned
An Appellate Court in North Carolina ruled in a recent case that a husband, Marc Malecek, can go ahead with suing the doctor, Derek Williams, who had an affair with his wife, Amber Malecek. According to Marc, Derek "lured" Amber, a nurse, into having an affair. Marc claimed Amber would not have ...
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When is a Child “Emancipated?”
Parents are expected to support their children until they are "emancipated." When a parent seeks to have a court declare a child emancipated, the court will makes its decision based on the settled definition in that state. In New Jersey, emancipation occurs when "a parent relinquishes the right ...
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The Presumption of Legitimacy Has Gone Way past its Sell by Date
At one time if a child was born outside of the marriage, the child was considered illegitimate. An illegitimate child had no rights to his father's name. He could not inherit from his father, could not get support from his father and to the eyes of the world the child was less than a child who was ...
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The Application of Some Precedents May Lead to Unfair Results
In a recent case out of Texas, a man, Gabriel Cornejo, was ordered to pay 16 years of back child support for his ex-girlfriend's child even though the man was not the biological father of the child. Indeed, the man had never even met the child before being served papers for child support and he ...
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Be Careful of the Precedents You Are Making!
This year my young son and I decided that we were going to grow cherry tomatoes. Together, we went to the garden center, chose the tomato plants and purchased the pots and soil. We then planted and tended them. When we got our first crop, a handful of delicious tomatoes, we tasted them. He ...
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Sanctions for Frivolous Litigation
Besides preventing a litigant from filing additional motions without the prior permission of a court, the court can also sanction a litigant and or his/her attorney that engages in vexatious or frivolous conduct. That is what happened in 20-2-3688 Doblin v. Doblin, N.J. Super. App. Div. (per ...
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I am Divorced; Why are We Still Fighting?
For the vast majority of clients a divorce is an unpleasant experience. Most clients divorce as fast as possible, execute a settlement agreement, and put the agreement away in a drawer and never look at it again.
However, for a small minority, the actual divorce is just the warm-up for many ...
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