E-Visitation: NJ Bill Allows Skyping and Texting to Count as Parenting Time

Tom Cruise has taken a lot of heat for not seeing daughter Suri in the flesh over the past two months, though the two talk on the phone and video chat “at least once a day,” Cruise’s lawyer confirms. This has led some to speculate that perhaps Tom’s visitation with Suri may be extremely limited. Or is it? Following the lead of other states, a new bill before the New Jersey Assembly (Bill No. 2388), will allow telephone, email, texting, video conferencing and other communications technologies, to count as parenting time in some child custody agreements. Read more

Foul Ball! A Case Study on Understated Assets During Divorce: McCourt vs. McCourt

Not too long ago, we blogged about a very practical topic: “Getting Top Dollar for Household Items Sold During Divorce.” We covered things like how to post used books for sale on Amazon and how to work with an estate auctioneer to sell off furniture, artwork, antiques, collectables, and other items whose proceeds are typically split by a divorcing couple. One item we didn’t think to address? How to get top dollar for your…baseball team. Yet, this is exactly what Frank McCourt, former owner of the Los Angeles Dodgers, and his ex-wife Jamie McCourt are now wrangling over — two years after their divorce. Read more

Spying on Your Spouse During Divorce: How Far is Too Far?

Hidden video cameras. GPS tracking secretly installed in cars. Smartphone apps and computer spyware that save every text, search, and email…

Once accessible mainly to law enforcement or private investigators, surveillance technology has become cheaper and easier-to-use. And as a result, according to an investigative report by the Wall Street Journal, it’s turning modern divorce into a spying free-for-all as spouses increasingly turn to monitoring devices to obtain evidence of affairs and other marital wrongdoings. Read more

More Cohabiting Couples In Court After Breaking Up

Live with your partner, but never tied the knot, and now want to know what legal options are available in the event you break up? You are not alone, according to a recent poll of American Academy of Matrimonial Lawyer (AAML) members that revels a spike in the number of court battles between couples who had previously lived together. Overall, 48 percent of attorneys surveyed noted an increase in court cases involving cohabiting couples. At the same time, 39 percent of lawyers cite a rise in couples who seek cohabitation agreements. Read more

Study: Couples MORE Likely to Divorce When Spouses Split Housework

Guys, looking for the perfect excuse to get out of housework? How about not helping out around the house as a way to help the two of you stay together? It could be true, according to a new study from Norway that says couples who share household chores run a higher risk of divorce than couples where woman do most of the housework. Read more

Bills Before NJ Assembly Expand Rights of Children, Domestic Abuse Victims

New proposed legislation recommended this week by the state’s Assembly Judiciary Committee would create significant changes in how certain family law matters are conducted, reports the New Jersey Law Journal. What’s on tap to be voted on? One bill expands children’s right to representation in parental termination cases and the other increases privacy rights for domestic violence victims. Here’s a look at what each entails: Read more

Post-nuptial Agreements More Commonplace Says Matrimonial Lawyers’ Group

Didn’t get a prenup? There may still be time to get a post-nuptial agreement, a post-wedding day option to protect personal assets that’s growing in popularity nationwide, especially among women. According to a recent poll of American Academy of Matrimonial Lawyer (AAML) members, more than half of divorce attorneys (51 percent) cite an increase in post-nuptial agreements over the past three years; 36 percent of these same lawyers report an increase in wives initiating the requests. Read more

Are You Sure Your Former Spouse Is Remarried?

When an ex-wife or ex-husband who receives spousal support remarries, it almost always means an end to alimony payments. But before you stop the checks, check the marriage license, because, as this case proves, staging an elaborate wedding doesn’t always mean that an actual marriage took place. Read more

Chad Johnson Refuses to Sign Divorce Papers: Can This Really Halt the Divorce Process?

NFL Pro-bowler Chad Johnson isn’t willing to let go of his marriage to estranged wife Evelyn Lozada, even though the Basketball Wives star recently served him with divorce papers. According to TMZ, Johnson (formerly known as Chad Ochocinco) has reportedly vowed not to participate in any divorce proceedings or sign divorce papers in the hopes he can still win back Lozada. Read more

New Jersey Bill Questions Conscionability in Prenuptial Agreements

prenup agreements New Jersey - conscionability
A bill under consideration in the New Jersey legislature (S-2151) will dramatically change how premarriage and precivil union contracts, also known as prenuptial agreements, are evaluated and enforced in the state. Presently, the courts determine the justness of a prenup at the time the couple seek their divorce, allowing for modifications in certain cases where health or financial circumstances have changed for spouses. Under the new bill, judges would be required to evaluate prenups for conscionability as of the date they were executed, which may be decades before the divorce. What are the pros and cons of the bill? What could this mean for your prenup? Weinberger Divorce & Family Law Group, LLC attorney Carmela Novi offers information and thoughts on how this possible new law might affect your divorce proceedings: Read more