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New Jersey Divorce Lawyer Romanowski
NJ Divorce & NJ Child Custody Law
Published Articles
Preparation of Pendente Lite
Applications - Part One
The pendente lite phase of the case
and the results of a pendente lite application are critical for
setting the tone for the balance of the case, and often affect
whatever final decisions or agreements are reached. If an inequitable
result occurs early on, it could seriously compromise one party's
case.
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Preparation of Pendente
Lite Applications - Part Two
R. 1:6-1 Applicability of Rule Rule
1:6 shall apply to all trial courts, except the municipal courts
and except as otherwise provided by R. 3:26-2(d) (motions for
bail reductions), R. 5:5-4 (motions in civil family actions),
and R. 6:3-3 (motions in the Special Civil Part)...
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Preparation of Pendente
Lite Applications - Part Three
Most pendente lite motions include
the following requests:
1. Contribution to monthly Schedule A, B and C expenses as set
forth in the Case Information Statement — this can be accomplished
by direct payment or by way of alimony, child support, or any
combination of the three, with varying tax consequences;
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Preparation of Pendente
Lite Applications - Part Four
The CIS with all required attachments
is typically the most important attachment to a pendente lite
motion. As a word of caution, the CIS can be used against the
client’s interests if care is not taken in completing it. Do not
give a blank CIS to the client and then publish for all the world
to see the client’s raw work product. This could lead to disaster.
The fact of the matter is that most raw CIS submissions are filled
with potentially damaging errors.
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Preparation of Pendente
Lite Applications - Part Five
1. Understand the statutes, court rules and case law authorizing a pendente lite award of counsel fees.
2. Provide adequate financial information and argument so that the Court can conclude that an award of pendente lite counsel fees is reasonable and just.
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New Jersey's Civil War in
Divorce Mediation
The first step in the process of
despising something is to label it. There are countless mediation
models, many of which come with their own labels; such as team
mediation, transformative mediation, etc. Most of these, and their
practitioners, can be described as either facilitative or evaluative
in approach. The ideological debate between the members of these
two camps is a heated one, which, in many cases, has degenerated
into "I'm right, you're wrong" thinking.
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A New Way of Looking at
Divorce
A divorce is a one-time project
that has defined starting and ending dates, a clearly specified
set of objectives or scope of tasks to be performed, a predefined
budget, and a temporary settlement or litigation organization
that is dismantled - as far as the divorcing parties are concerned
- once the divorce is finalized.
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Setting the Scene for Success
The traditional adversarial system
continues to draw criticism when aggressively applied to family
law cases. Apart from the inefficiencies, impracticalities and
associated costs of strongly competitive approaches, the reasons
for abandoning these poorly conceived methods of dispute resolution
should be obvious.
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Use of Statutory Factors
as an Advocacy Tool
In the course of my prior life as
a management consultant to the Fortune 500, I was faced
with issues involving client system compliance with the ISO
9000 International Standards for Quality Management. The five
International Standards which form the ISO 9000 series
of quality assurance standards readily lent themselves to the
matrix approach I will discuss in this article.
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Settlement Conferences with
the Court
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The Progressive Lawyer:
How to Improve the Quality of Interviews, Meetings and Settlement
Conferences by Learning to Use Advocacy and Inquiry More Effectively
As attorneys, we are trained to
be advocates in the process known as “adversarial.” Many of us
self-selected into the legal profession partly because our underlying
personality and temperament traits are geared toward advocacy.
Similarly, lawyers – the good ones – are typically quite inquisitive.
Their questioning techniques, however, often take on the tone
of cross-examination.
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Eleventh Hour Divorce Facilitation
Mediation and most other forms of
alternate dispute resolution are typically employed in advance
of the Court process. Mediated agreements, for example, might
limit the parties' involvement with the Court to placing the Matrimonial
Settlement Agreement on the record, voir dire on the agreement
and cause of action, and putting the divorce through on an uncontested
basis.
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Progressive Writing Tips for
the Persuasive Lawyer
As lawyers, most of us take great
pride in our writing ability. By now, it's become second-nature
to us and familiar to the staff members we've trained. It's not
confusing, tedious or long-winded to us. We say what we mean, mean
what we say, and get right to the point. Or, so we'd like to believe.
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article] [download
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How Enforceable Is Your Prenuptial Agreement?
Part One – NJ Divorce Law Prior to the New Jersey Premarital Agreement Act.
Prenuptial agreements are entered into for any number of reasons. Obviously prenuptial agreements are not for every couple.
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How Enforceable Is Your Prenuptial Agreement?
Part Two – The New Jersey Premarital Agreement Act
...The Act specifies that all New Jersey prenuptial agreements must be condensed to a writing.
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Are Prenuptial Agreements Affected by Changed Circumstances?
People who go through the bother and expense of entering into prenuptial agreements, sign the agreement with the expectation that the agreement will be enforceable and will give them the future protection that they seek. Fundamentally, we are talking about a contract between competent adults...
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Unauthorized Access to Stored Computer Files – Password or PIN(s)
Accessing e-mails or computer files by a spouse with the help of PIN(s) or Password of the other, but without their permission, is a clear violation of the Wiretap Statute. Nevertheless, it is a violation only if the information is in the transmission stage and not if it is in the post-transmission storage.
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The Progressive Lawyer: The Emerging Role of the Parenting Coordinator — Part One
The “Parenting Coordinator” or “Parent Coordinator” is a newly evolving professional role, which is now being implemented in an increasing number of States — with or without the benefit of a specific Rule of Court or statutory authority — as a means for dealing with high-conflict families involved in domestic relations proceedings before the courts.
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The Progressive Lawyer: The Emerging Role of the Parenting Coordinator — Part Two
There is no legal code in the majority of the jurisdictions that accurately describes the functional role of the Parent Coordinator (PC). Currently, most jurisdictions do not sufficiently address issues of due process and very seldom outline protocols for gathering evidence or conducting “hearings.” The functional roles of the PC – which may often be an amalgam of interdisciplinary roles – are often left up for grabs.
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The Progressive Lawyer: The Emerging Role of the Parenting Coordinator — Part Three
Here in Part Three, we will conclude by providing a comprehensive PC order of appointment, which can be modified to fit just about any desired PC situation.
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