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By Charles F. Vuotto, Jr., Esq. How many times is a case stalled by one or two limited issues or problems? How many times have you found that a discreet discovery issue stops the case dead in its tracks? The kneejerk reaction is to file a motion. However, aside from the substantial time and money read more
By Charles F. Vuotto, Jr., Esq. Family law lawyers and judges now have new and improved Rules of Court and forms (found in the Appendix to the Rules) to assist litigants in resolving their disputes outside the courtroom. The genesis of this process began with the scholarly decision penned by Justice Virginia Long about six read more
By Charles F. Vuotto, Jr., Esq. OVERVIEW By Order entered July 27, 2015, the Chief Justice of New Jersey Supreme Court, Stuart Rabner, effectuated substantial amendments to the rules governing the courts of the State of New Jersey effective September 1, 2015. Part and parcel of those revisions to the Rules of Court included a read more
Divorce Marketing Group has welcomed New Jersey Divorce Arbitrators Association (NJDAA). NDAA is for couples seeking to settle their divorce outside the courtroom by way of arbitration. NJDAA works with family lawyers and their clients in a private setting, providing effective solutions to family law disputes. See http://www.prweb.com/releases/2015/12/prweb13106714.htm
There are various alternatives to resolving disputes by way of the adversarial system within the court system. These options are typically referred to as Alternative Dispute Resolution (“ADR”). Some of the forms of ADR that relate to family law include mediation, collaborative divorce and arbitration. Although mediation is utilized most often, when an independent third-party read more
When determining whether to grant an FRO pursuant to the PDVA, the judge must first determine whether the plaintiff has proven, by a preponderance of the evidence, that the defendant committed one of the predicate acts referenced in N.J.S.A.2C:25-19a, which incorporates harassment, N.J.S.A. 2C:33-4, as conduct constituting domestic violence.Silver v. Silver[AR1] , 387N.J. Super. 112, 125-26 read more
By way of a Notice to the Bar dated April 21, 2015, Glenn A. Grant, J.A.D., Acting Administrative Director of the Courts has invited written comments to the report of the Ad Hoc Committee on the Arbitration of Family Law Matters (“Ad Hoc Committee”) by May 27, 2015. In this report, the Ad Hoc Committee read more
Proper Use of UTMA’S in Marital Settlement Agreements By Charles F. Vuotto, Jr., Esq. Editor-in-Chief Most of us have drafted martial settlement agreements (MSA’s) including provisions that apply all or some children’s custodial funds to defray the cost of educational expenses or other child-related obligations. This column addresses the propriety of doing read more
The United States Supreme Court has granted a Writ of Certiorari in the case of In re The Visitation of Natalie Anne Troxel, Isabelle Rose Troxel, minors, Jennifer Troxel and Gary Troxel, 173 Wash. 2d 1, 969 P.2d, 21 (1998) involving the constitutionality of the Washington State legislation creating third party visitation rights. (Note: the visitation statute read more