What is “Conscious Uncoupling”?

In headline-making news yesterday, Gwyneth Paltrow and Chris Martin announced their marital separation through a blog post on Paltrow’s lifestyle site, Goop.com titled “Conscious Uncoupling“:

“It is with hearts full of sadness that we have decided to separate,” the pair wrote. “We have been working hard for well over a year, some of it together, some of it separated, to see what might have been possible between us, and we have come to the conclusion that while we love each other very much we will remain separate.” Read more

Senate Panel Approves Bill To Cut Off New Jersey Child Support At Age 19

Teenage boy with school backpack

Is New Jersey child support about to undergo a fundamental change? With bill S-1046, allowing for the end of child support payments once the child reaches the age of 19 recently advanced by a Senate Judiciary panel, we appear to be one step closer.

Update July 23, 2015: The New Jersey Senate approved bill S-1046 by a vote of 31-2.  The bill must still be acted on by the Assembly and signed by Gov. Chris Christie to become law.

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Ex-Husband’s Refusal Give Jewish Divorce ‘Get’ Called Act of Domestic Abuse

The New York Times recently reported about the story of Lonna Kin, a 52-year New York woman who says she is being held hostage by ex-husband Meir Kin over his refusal to grant her a “get,” the document required by Orthodox Jewish law to legally end a marriage in the eyes of the Orthodox faith. According to intricate Jewish laws dictating marriage and divorce, only a husband has the power to grant a religious divorce. For the Kins, though their civil divorce was granted by a California court in 2007, without the get, Ms. Kin is now forbidden under Jewish law to remarry. Read more

Johnny Weir Marital Split Marks New Jersey’s First High Profile Same-Sex Divorce

Same-sex marriage was legalized in New Jersey in October 2013, but it took until March 2014 for New Jersey’s first high profile same-sex divorce, when Bergen County resident and Olympic figure skater Johnny Weir announced that he and husband, attorney Victor Weir-Voronov, are ending their marriage of just over two years. Read more

The Aga Khan & The German Princess: How Long Does Divorce Take When Billions Are At Stake?

The Aga Khan, well-known spiritual leader to millions of Muslims, has finalized his divorce from a German princess after nearly a decade of legal disputes, according to a statement released last week. The Aga Khan and ex-wife, Gabriele Zu Leiningen, have ended their marriage “by consent,” say the couple’s attorneys, with a final divorce settlement reached after a Paris Court of Appeals approved a private settlement. Read more

Thinking Ahead: The Power of a Prenup

iStock_000016304397SmallWith spring almost here, wedding season is on the way. If your nuptials will take place sometime in the coming months, have you taken a moment to think about the road ahead, after the ceremony and honeymoon, when “real life” as a married couple begins? It is always the hope that the stage will be set for marital bliss, but it’s also prudent to take some realistic steps towards making sure you are protected and “insured” no matter what the future brings. Read more

5 Divorce Apps Offering “Smart” Advice From Your Phone

iStock_000019937684SmallLooking through Huffington Post Divorce’s list of smartphone apps for managing post-divorce issues made us curious about iPhone and Android apps that might help during separation and throughout the divorce process. How can your smartphone help make your smarter about divorce? Here are five apps that might be worth a download. Read more

Extracurricular Activities, Graduate School on the Line in New Jersey Child Support Decisions

In New Jersey, two recently decided court cases show just far-reaching state family law is concerning the burden of parents to pay child support costs, especially in the area of education. 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

Canning v. Canning and the Question of Constructive Emancipation

canning-constructive-emancipation“THIS MATTER having been brought before the Court by way of an Order to Show cause filed by the Plaintiff, Rachel Canning, represented by Tanya N. Helfand, Esq., and notice having been provided to the Defendants, Sean Canning and Elizabeth Canning… ORDERED that the parties shall provide trial briefs to the court and counsel which shall include a discussion of constructive emancipation…”

So, what exactly is “constructive emancipation” and why might the Courts be asking for a discussion of this for the “gone viral” New Jersey Canning v. Canning case? Read more