Glen Ridge Family Law Lawyer, New Jersey, page 2

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Mary Lynn A. Seery

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Stuart D. Minion

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Howard J. Pfeffer

Family Law, Divorce, Divorce & Family Law, Trusts
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LEGAL TERMS

MARITAL TERMINATION AGREEMENT

See divorce agreement.

NO-FAULT DIVORCE

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along... (more...)
Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.

PETITION (IMMIGRATION)

A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, su... (more...)
A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, such as a family member or employer. After the petition is approved, the immigrant may submit the actual visa or green card application.

PHYSICAL CUSTODY

The right and obligation of a parent to have his child live with him. Compare legal custody.

PALIMONY

A non-legal term coined by journalists to describe the division of property or alimony-like support given by one member of an unmarried couple to the other afte... (more...)
A non-legal term coined by journalists to describe the division of property or alimony-like support given by one member of an unmarried couple to the other after they break up.

STEPCHILD

A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological ... (more...)
A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological offspring. Under the Uniform Probate Code, followed in some states, a stepchild belongs in the same class as a biological child and will inherit property left 'to my children.' In other states, a stepchild is not treated like a biological child unless he or she can prove that the parental relationship was established when he or she was a minor and that adoption would have occurred but for some legal obstacle.

LEGAL CUSTODY

The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal... (more...)
The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal custody of a child. Compare physical custody.

MARTIAL MISCONDUCT

See fault divorce.

OPEN ADOPTION

An adoption in which there is some degree of contact between the birthparents and the adoptive parents and sometimes with the child as well. As opposed to most ... (more...)
An adoption in which there is some degree of contact between the birthparents and the adoptive parents and sometimes with the child as well. As opposed to most adoptions in which birth and adoption records are sealed by court order, open adoptions allow the parties to decide how much contact the adoptive family and the birthparents will have.

SAMPLE LEGAL CASES

Fawzy v. Fawzy

... We note that there is no express bar to the arbitration of family law matters in the Arbitration Act. Further, in Faherty v. Faherty, we long ago approved the arbitration of some family law issues, alimony and child support in particular. 97 NJ 99, 108-09, 477 A.2d 1257 (1984). ...

NEW JERSEY DIV. OF YOUTH AND FAMILY SERVICES v. AR

... III. On this appeal we must afford great deference to the Family Part's findings of fact and conclusions of law based on those findings. NJ Div. of Youth & Family Servs. v. GL, 191 NJ 596, 605, 926 A.2d 320 (2007); NJ Div. of Youth & Family Servs. ...

NJ DIV. v. MC III

... III. We turn now to address whether there was sufficient credible evidence to support the trial court's findings. In a non-jury civil action, the trial court shall make findings of fact and state its conclusions of law. ... of Youth & Family Servs. ...

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