Practice Papers
Family Law
Setting Rules and Reining in Emotional Clients
Friday, June 14, 2013
Most situations that the clients of family-law attorneys face are not emergencies. But the client cannot always see that reality, because the situation feels urgent to him or her. It is important for the attorney to acknowledge the client's anxiety and respond respectfully, but also to set healthy boundaries, so that the professional relationship will be a happy one.
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The Seven Golden Rules of Effective Parenting Coordination
Friday, June 14, 2013
High-conflict families that litigate often, many times over frivolous things, occupy a disproportionate amount of court time and resources. Courts and judges have begun to gradually delegate limited authority over these parties' parenting plans to specially trained parenting coordinators. Here are some important rules for such coordinators, or for anyone dealing with emotionally charged, highly adversarial family situations.
Keeping It Out of the Marital Pot
Friday, June 14, 2013
Protect your assets! Without proper planning, a divorce can have devastating financial consequences. Premarital and postmarital estate planning, such as trusts, family limited partnerships and prenuptial agreements, can be essential to avoiding such consequences. This article addresses estate planning vehicles that can help protect assets in the event of a divorce.
Retained Earnings: Prudent Business Practice or Support Dodge?
Friday, June 14, 2013
Keeping earnings in a business, rather than distributing them to the owners of the business, may be viewed as a way to shield income from child-support obligations. There are no published N.J. decisions addressing the treatment of such retained earnings. This article provides advice and practice pointers for N.J. attorneys facing this type of situation.
Navigating Palimony Law in 2013
Friday, June 14, 2013
Warning to unmarried couples with oral palimony agreements: your agreement may no longer be legally enforceable. The Appellate Division recently favored retroactive application of the 2010 amendments to the statute of frauds, requiring palimony agreements to be formalized in writing. Family law attorneys should be aware — and make sure their clients are aware — of this important change in palimony law.
Overcoming the Presumption of Paternity
Friday, June 14, 2013
A "wronged" father looking to overcome the presumption of his paternity, and who could only do so through genetic testing — can the testing be mandated? The answer is, of course, "it depends." The Supreme Court of New Jersey lays out factors to be considered, along with the best interest of the child, in answering this question.
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