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Advice for Your First Family Law Trial

By NJSBA Staff posted 12-13-2023
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(Editor’s Note: This is an excerpt from an article written by Tamires M. Oliveira and Gregory L. Grossman from the December 2023 issue of New Jersey Family Lawyer. Section members can read the full edition and article here .) Every attorney remembers their first trial! No matter how skilled or experienced a trial attorney becomes, they began somewhere. While trying your first family law case can be intimidating, it is an exciting learning opportunity. This article provides useful tips to prepare for your first family law trial so the opportunity will be a positive experience. Know the file better than anyone else in the courtroom At your first trial, ...
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NJSBA Family Law Section raises nearly $4,000 to help end hunger

By NJSBA Staff posted 10-27-2023
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The New Jersey State Bar Association’s Family Law Section continued its annual fundraiser this fall for people in the state who struggle with hunger, collecting $3,700 and counting for the cause. In what’s become a yearly tradition, the section tied a fundraiser to its annual Hot Tips in Family Law program in October, an event attended by more than a hundred attorneys who heard New Jersey’s most prominent matrimonial attorneys and retired judges discuss creative solutions to complex challenges they faced over their careers. “We created the fundraiser with the thought that we’re going into the holidays and it would be great to raise money for the food bank ...
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Military Pension Division and the 10/10 Rule: Five Tips

By NJSBA Staff posted 09-29-2023
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(Editor’s Note: This article by Mark E. Sullivan is from the most recent edition of the NJSBA Family Law Section’s New Jersey Family Lawyer. Section members can read the full issue here .) When family law practitioners encounter a military divorce case, one of the first issues that arises is something called the “10/10 Rule” – or the requirement that 10 years of marriage must overlap with 10 years of service, and that this overlap affects the division of military retire pay. This article will provide some answers. Tip #1 – Know What the “10/10 Rule” Is To obtain garnishment payments from the retired pay of a servicemember (SM), the former spouse (FS) ...
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How the NJSBA Family Law Symposium Evolved, Impacting the Practice

By NJSBA Staff posted 06-01-2023
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(Editor’s note: This is an edited excerpt from a column written by Frank A. Louis that appeared in the May 2023 edition of New Jersey Family Lawyer. NJSBA Family Law Section members can read the full column and issue here .) The Family Law Symposium is the premier educational event presented by the NJSBA Family Law Section. The Symposium, as we now know it, is dramatically different than it was when it began. At first, it was just another ICLE seminar which simply added the word “Symposium.” There was nothing unique or special about the “Symposium” in its early days except it had a title. Now it has become an essential event that not only brings ...
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Top 8 Deposition Tips for Young Lawyers

By NJSBA Staff posted 04-24-2023
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Editor’s note: This is an edited version of an article written by Barry S. Sobel that appeared in the April 2023 edition of New Jersey Family Lawyer . Section members can read the full article and edition here . (login required) Taking depositions is arguably the single most important part of the discovery process because it is the only time lawyers can explore in real time information gathering from a witness under oath before trial. It provides lawyers (and clients) the opportunity to pursue areas of inquiry virtually unchallenged (as objections are limited) and obtain information that can then be used to better formulate strategy and arguments ...
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Fighting Over Fido: Pet Custody Disputes in New Jersey

By NJSBA Staff posted 01-31-2023
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(Note: This is an edited excerpt from an article written by Emerald E. Sheay and Marisa Lepore Hovanec in the January 2023 edition of New Jersey Family Lawyer . NJSBA Family Law Section members can read the full article and edition here .) In 2018, the divorce of Jennifer Aniston and Justin Theroux made headlines when they allegedly agreed to a “shared custody” schedule of their marital dogs. It is no surprise to pet owners that dogs often feel like a member of the family during a breakup. With an increase in dog adoptions, the simultaneous increase in disputes over dogs in breakups and divorces is a reality seen by family attorneys across the country. ...
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Manasquan husband and wife attorneys host charity polar plunge, raising $1.2M

By NJSBA Staff posted 11-11-2022
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The NJSBA’s Members Who Inspire program is an ongoing series that turns the spotlight on members and highlights how they are making a difference in their career and outside of the law. The program offers an opportunity for members to share their unique stories with their colleagues, inspire future legal professionals and strengthen awareness of the profession and Association. This story features two married attorneys from Manasquan—Joe and Jeanette Russell—who run a polar plunge challenge to benefit people with disabilities. The event has raised $1.2 million since 2009. As young family law attorneys and newlyweds in 2008, Joe and Jeanette Russell never envisioned ...
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The 10 Steps for Cross-Examining the Adverse Expert

By NJSBA Staff posted 10-11-2022
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(Editor’s note: This is an edited excerpt from an article written by John P. Paone Jr. and John P. Paone III that ran in the latest edition of New Jersey Family Lawyer, a publication of the NJSBA’s Family Law section. Members can read the full issue here.) If you engage in complex matrimonial litigation, you will need to know how to cross-examine expert witnesses. The ability of family law practitioners to cross-examine experts effectively is not simply a matter of trial skill. While trial skill is needed, a large part of being able to successfully confront an expert is the result of extensive pretrial preparation. Step 1: Assessing the Potential for Expert ...
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Legal weed and family law: Post-legalization update

By NJSBA Staff posted 07-20-2022
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Editor’s note: This is an edited excerpt from an article written by Pamela M. Copeland and Meredith E. Allen that appeared in the June 2022 edition of New Jersey Family Lawyer. Go here to read the full article and the full edition (login required). New Jersey legalized cannabis for medical use in 2010 with the Compassionate Use Medical Marijuana Act, making New Jersey one of an ever-increasing number of states plus Washington, D.C., Guam and Puerto Rico who have done so. Implementation of this act was “slow-walked” for several years, but in 2019 the Jake Honig Compassionate Use Medical Cannabis Act went into effect, renaming it and making significant amendments ...
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Some tips on civility and dealing with difficult adversaries and judges

By NJSBA Staff posted 01-25-2022
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This article first appeared in the December 2021 edition of New Jersey Lawyer, the magazine of the New Jersey State Bar Association . Read the full issue here (login required). By Megan S. Murray Family Law Offices of Megan S. Murray Family law attorneys practice in a very stressful field with high emotions. However, all attorneys must be vigilant about not allowing the emotion of a case to cause impetuous case-handling decisions that may reflect poorly upon the attorney—not only in the case at hand but for their reputation going forward. Remember, you have one opportunity to make a first impression. Integral to being a successful attorney ...
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NJSBA Family Law Section raises over $21K for LFNJ

By NJSBA Staff posted 01-10-2022
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The New Jersey State Bar Association (NJSBA) Family Law Section’s seasonal fundraising efforts, that culminated with its November to Remember party at the Laurita Winery in New Egypt, raised over $21,000 for the NJSBA’s Lawyers Feeding New Jersey campaign . “This initiative, spearheaded by the Young Lawyers Subcommittee, led by Michelle Wortmann and Michelle Levin, demonstrates the Family Law Section’s commitment to making a marked difference in our community. I want to thank everyone who contributed to this tremendous effort to eliminate food insecurity in New Jersey. It makes me incredibly proud,” said Robin Bogan, chair of the section. To make a donation, ...
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Family Law Section LFNJ Campaign to benefit Community FoodBank of NJ

By NJSBA Staff posted 11-16-2021
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This year, in lieu of a silent auction the NJSBA Family Law Section is partnering with NJSBA Lawyers Feeding New Jersey and is soliciting direct donations to benefit the Community Food Bank of New Jersey. Find out more here . Make a donation here. This is the latest update: November 30, 2021. Thank you for donating to Lawyers Feeding New Jersey! Your contribution will help New Jersey's needy individuals and families. Here is the complete list, Thank you! Skoloff & Wolfe, PC Barry Sobel donated by Greenbaum, Rowe, Smith & Davis LLP Melissa Ruvolo on behalf of Ruvolo Law Group, LLC in Morristown, New Jersey. Karin Haber on behalf ...
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NJSBA Family Law Section Seeks Candidates for 2021-2022 Section Executive Committee

By NJSBA Staff posted 03-29-2021
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To be considered for selection to the Executive Committee, candidates must be members in good standing of the New Jersey State Bar Association and the Family Law Section. Qualified candidates should have already made significant contributions to the NJSBA, NJSBA Family Law Section, NJ Family Lawyer, and/or their local Bar Associations. NJSBA member who are not currently Family Law Section members can join the section by contacting NJSBA Member Services at [email protected] , or 732-249-5000. Service on the Executive Committee requires a significant time commitment, such as: Attending monthly meetings of the Executive committee in various locations in ...
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50 (or more) ways to show they're more than a lover: Facts to prove cohabitation

By NJSBA Staff posted 01-26-2021
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By Jeralyn Lawrence and Marie E. Lihotz Jeralyn Lawrence, first vice president of the NJSBA, is the founder and managing partner of Lawrence Law, providing divorce and family law services including litigation, mediation, arbitration and collaborative law. Marie E. Lihotz , a former presiding judge of the Appellate Division, is now of counsel with Archer and Greiner, providing appellate and trial consulting, mediation and arbitration services in all civil matters. For more than 45 years, New Jersey courts recognized a recipient’s cohabitation impacts alimony. See Garlinger v. Garlinger 129 N.J. Super. 47 (Ch. Div. 1974); Grossman v. Grossman, 128 ...
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The Way We Work Now: The pandemic and family law

By NJSBA Staff posted 01-11-2021
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Editor’s note: This is part of an ongoing series that looks at how New Jersey State Bar Association members’ work lives have changed because of the COVID-19 pandemic. When the pandemic struck, Alison Leslie found the physical shift to working from home relatively easy, since the Morristown family law attorney often worked remotely. Aside from upgrading her internet connection, she had the technology she needed. But 10 months later, Leslie discovered the pandemic wrought changes in other ways, large and small, to her personal and professional life. With her husband back at his law firm, Leslie found there were more challenges to juggling work and parenting ...
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The Divorced Parents’ Guide to Avoiding Vacation Madness

By NJSBA Staff posted 12-21-2020
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Editor’s note: This is an edited excerpt from an article written by William J. Rudnik and Diana N. Fredericks that appears in the December 2020 edition of the NJSBA New Jersey Family Lawyer. You can read the original article and the rest of the issue here . (login required) Children’s well-being and the relationship with their parents are arguably the most important issues addressed in divorce cases. Custody and parenting time related issues may overwhelm the parties and result in unnecessary stress for the children. While parents tend to significantly focus on the parenting schedule that will be in place during the school year (often referred to as the ...
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NJSBA Family Law Section raises nearly 15K for charity

By NJSBA Staff posted 12-18-2020
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At its virtual holiday party last week, the New Jersey State Bar Association (NJSBA) Family Law Section raised nearly $15,000 for the Food Bank of South Jersey through a silent auction and cash donations. The Family Law Section has a holiday tradition of raising funds for charitable causes, said Ronald G. Lieberman, chair of the section. “I wanted to raise funds for the food bank because of the heartbreaking food insecurity being experienced by so many of our fellow New Jerseyans this year because of the pandemic. As lawyers, we are fortunate to be part of a noble profession, and part of that good fortune means doing whatever we can, whenever we can, for ...
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How Does Medical Marijuana Use Impact Child Custody Cases in New Jersey?

By NJSBA Staff posted 09-22-2020
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Editor’s note: This is an edited excerpt from an article written by Meredith E. Allen and Pamela M. Copeland that appears in the September 2020 edition of the NJSBA Family Lawyer newsletter, which is a benefit of membership in the Family Law Section. Members can read the original article and the rest of the issue here . In the event that New Jersey enacts legislation to legalize adult recreational use of marijuana, it will be interesting to see how the courts address the issue as it relates to custody/parenting time and whether the court will address recreational use differently from medical use. What we know is that given the court’s overriding concern ...
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Capitol Report: NJSBA amicus participation in DCF challenge raises concerns in Supreme Court opinion

By NJSBA Staff posted 05-28-2020
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The New Jersey Supreme Court issued an opinion last week signaling concerns with the Department of Children and Families’ (Department) use of the “not established” finding, agreeing with the New Jersey State Bar Association’s (NJSBA) amicus curiae arguments . In the matter of S.C. v. New Jersey Department of Children and Families, Docket No. A-57-18, the Supreme Court held that the standard for a finding of “not established” is “vague, amorphous, and incapable of any objective calibration” because it requires less than a preponderance of the evidence and only requires some evidence. “This is a very important decision as it highlights that, notwithstanding ...
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Open mindedness and coordination between bench, bar can make virtual family court a success

By NJSBA Staff posted 05-15-2020
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The drastic changes in New Jersey family courts necessitated by the COVID-19 pandemic have involved a learning curve, but collaboration between attorneys and the judiciary has meant forward movement for many matters. That was the take of panelists at Friday morning’s Family Bench Bar Conference, part of the NJSBA 2020 Virtual Annual Meeting. Speakers all emphasized the importance of communication and empathy as clients, litigants and judges navigate a shift that will likely have lasting changes for the legal community. “Please keep an open mind,” said Superior Court Judge Harold U. Johnson, who sits in Cumberland County. “Don’t be the attorney that looks at ...
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