Category Archives: Durst on Divorce

Use of prescribed medications while pregnant can lead to a charge of child abuse / neglect

In a case that pits the welfare a pregnant women against the welfare of her newborn child, the Appellate Division recently decided a case in which they affirmed a finding of abuse and/or neglect against a mother for her use … Continue reading

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Changing the last name of the child

It is common in divorce proceedings for the former wife to change her surname.  The law allows her to adopt any surname, not just her maiden name, as long as it is not being done for fraudulent purposes or to … Continue reading

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Increased lifestyle due to cohabitation can lead to alimony termination

Once alimony has been awarded, NJ law allows for a modification upon a showing by the payor that the recipient is cohabitating and realizing an economic benefit from doing so.  Prior decisions have focused on the economic impact of the … Continue reading

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NJ Domestic Violence statute held to protect a fetus

In an interesting decision released today, NJ Superior Court Judge Lawrence Jones expanded the scope of those who are to be protected under the NJ Domestic Violence Law.  It stands to reason that the adult victim can seek protection from … Continue reading

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Is Court administered divorce arbitration coming to NJ?

There are several ways a NJ divorce case can get resolved.  The parties can reach an agreement between themselves or with the assistance of their attorneys. The Court system offers custody and parenting time mediation and the Early Settlement Panel … Continue reading

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