Insights Archives — Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

Guardian Ad Litem in New Jersey Custody and Divorce Cases: What It Is, When It Happens, and How It Can Shape the Outcome

Published on: May 13, 2026 | by Nicole A. Kobis

A Guardian Ad Litem, often called a “GAL”, plays a commonly misunderstood role in a New Jersey custody dispute. Parents first encounter the term in the middle of a stressful moment, usually after a contested motion, during a case management conference, or when a judge signals the court needs clearer information from someone doing work outside the courtroom. While a GAL does not decide custody they can significantly influence how a judge understands the child’s needs and the practical realities of each parent’s home.

In New Jersey Family Part matters, the GAL is typically appointed under New Jersey Court Rule 5:8B, which allows the court to appoint a Guardian Ad Litem in cases where custody or parenting time is at issue, and the circumstances warrant the appointment. The GAL’s function is to assist the court in evaluating the child’s best interests by investigating relevant facts and presenting findings and recommendations in a structured way. The court may use the GAL process when the case has become too complex to resolve based solely on certifications and argument, or when the court believes neutral, child-focused fact-gathering will lead to a safer and more durable parenting plan.

For many parents, the most important practical question is whether the appointment will help create stability and lead to a result which serves the best interest of their child. A GAL is often appointed when the court sees recurring conflict about parenting time, significant disagreement about the child’s needs, or concerns that the current arrangement is not working in real life even if it looks acceptable on paper. In some matters, the court may be trying to avoid repeated “crisis motions” by creating a clearer record and guiding the parties toward a structured outcome.

Why There Are No Alimony Guidelines in New Jersey

Published on: May 4, 2026 | by James McGlew, II

One of the most common misconceptions about divorce in New Jersey is the belief that alimony can be calculated using a fixed formula. It is assumed Courts use a chart, calculator, or statewide guideline, similar to child support, that tells exactly what amount should be paid and for how long. That is not how alimony in New Jersey works.

Unlike child support, New Jersey does not use formal alimony guidelines. There is no mandatory formula that automatically determines the proper amount or duration of spousal support. Instead, courts evaluate a series of statutory factors and apply them to the specific facts of each case.

For many people going through divorce this can be frustrating as a formula feels predictable and creates the impression of a simple answer. But New Jersey’s approach reflects the reality that marriages, incomes, and family structures vary too much for one-size-fits-all calculations to produce fair results.

How Buyers Can Structure Safer Health Care Transactions

Published on: April 27, 2026 | by Stephen A. Timoni

In Health Care, Structure Drives Outcome

In health care transactions, purchase price is only part of the story. Deal structure is where acquisitions succeed or fail.

Health care acquisitions are not like other business transactions. Buyers are not simply acquiring furniture, equipment, and accounts receivable. They are acquiring a business built on reimbursement systems, regulatory compliance, payer relationships, provider productivity, and clinical operations. If the transaction is not structured carefully, the buyer can inherit problems they never intended to assume.

Does New Jersey Require a 50/50 Split of Marital Assets?

Published on: April 20, 2026 | by James McGlew, II

One of the most persistent myths about divorce is the belief that marital assets must be divided equally. Many people enter the divorce process assuming that everything including the marital home, business interests, retirement accounts, will automatically be split down the middle.

In New Jersey, that assumption is incorrect. While some cases result in an equal division, New Jersey law does not require a 50/50 split of marital assets. Instead, courts apply the principle of equitable distribution.

Understanding the difference between “equal” and “equitable” is essential to setting realistic expectations when divorcing in New Jersey.

Health Law Alert: New Jersey Expands Practice Autonomy For Advanced Practice Nurses – Key Implications for Med Spas and Aesthetic Practices

Published on: April 6, 2026 | by Stephen A. Timoni and Kelsey Gorman

During the COVID-19 pandemic, New Jersey Governor Phil Murphy issued an executive order which, among other things, temporarily suspended and waived the requirement that Advanced Practice Nurses (“APNs”) enter into a joint protocol agreement with a collaborating physician in order to prescribe medications and devices. The waiver was intended to allow APNs to practice with expanded autonomy to meet urgent health care demands during the pandemic. Prior to the end of his final term, Governor Murphy issued Executive Order 415, terminating many pandemic emergency declarations and associated waivers, including the waiver of the joint protocol requirement which was set to expire on February 16, 2026. In response, current Governor Mikie Sherrill issued Executive Order 13, extending the COVID-era waiver of joint protocol agreements for 45 days and acknowledging pending legislation, Senate Bill 2996.

Key Changes for APNs

New Jersey Senate Bill 2996 was introduced into the legislature on January 13, 2026 proposing to permanently eliminate practice restrictions that limited APNs’ ability to prescribe and administer medications and devices. In its initial form, Senate Bill 2996 authorized APNs who have completed 24 months or 2,400 hours of licensed, active, advanced nursing to practice without a joint protocol agreement. However, the bill that passed and was eventually signed into law by Governor Mikie Sherrill on March 30, 2026 is significantly different than the version initially proposed.

New Jersey Supreme Court Confirms that Undocumented Workers Are Protected Under New Jersey Wage Laws

Published on: March 23, 2026 | by Joshua L. Weiner

On March 19, 2026, the New Jersey Supreme Court in Lopez v. Marmic LLC, like the many other courts that have considered the question, ruled that undocumented workers are entitled to the minimum wage and overtime protections provided by the New Jersey Wage and Hour Law. Thus, if an employer hires an undocumented worker in violation of federal law, the employer is nonetheless still required to compensate that worker in a manner consistent with New Jersey State law for the work they perform, including payment of at least the State minimum wage and overtime. The Court in Lopez also took the opportunity to remind employers that it remains their burden to keep and maintain accurate employee wage and hour records, and that failure to do so creates a rebuttable presumption that the employee worked for the employer for the period of time and for the amount of wages alleged by the employee.

While the court’s opinion in Lopez did not break any new ground and simply applied well established case law to the facts before it, the decision underscores the importance of ensuring that all New Jersey employees, including undocumented workers, are paid in strict accordance with the State’s wage and hour laws. Employers should review their current employment policies and payroll practices to ensure that they remain compliant with New Jersey law.

Do You Have to Be Separated Before Filing for Divorce in New Jersey?

Published on: March 16, 2026 | by James McGlew, II

One of the most common misconceptions about divorce is the belief that spouses must live apart for a specific period of time before they file for divorce.

In New Jersey, physical separation is not required before filing for divorce. While separation can be relevant in certain cases, it is not required in order to begin the divorce process.

Separation Is Only One Possible Ground for Divorce

The Third Circuit May Have Just Eased the Way for Reverse-Discrimination Claims in New Jersey

Published on: March 12, 2026 | by Joshua L. Weiner and Lindabury, McCormick, Estabrook & Cooper, P.C.

The Third Circuit has formally aligned itself with the U.S. Supreme Court’s recent decision making it easier for majority-group employees (i.e., men, heterosexuals, Caucasians, etc.) to pursue so-called “reverse discrimination” claims. In a decision authored by newly appointed Judge Emil Bove, the court held that plaintiffs who are members of majority groups are not required to establish “background circumstances” demonstrating their employer was inclined to discriminate against majority groups.

Applying the Supreme Court’s reasoning in Ames, the court concluded that the language of the New Jersey Law Against Discrimination (NJLAD), like its federal counterpart, protects “any” individual from discrimination. The Third Circuit reasoned that employees who are not in the “minority” to satisfy a higher evidentiary standard would be inconsistent with that statutory language and with principles underlying federal anti-discrimination law. Because the NJLAD framework has historically tracked federal Title VII jurisprudence, the court treated Ames as controlling guidance when evaluating the state-law claim.

It remains to be seen whether New Jersey’s appellate courts will adopt the same approach, as they have not yet addressed the issue following Ames.

New Jersey Federal Court Transfers a Remote Employee’s Lawsuit to Employer’s Home Forum

Published on: March 9, 2026 | by Lisa Gingeleskie, Joshua L. Weiner and Ashlin Miller

On March 3, 2026, a federal judge in the District of New Jersey transferred an employment lawsuit to North Carolina, holding that the case should proceed in the state where the corporate decisions were made, rather than where the remote employee performed their work.

Background

In Papa v. IAT Insurance Group, Inc., a New Jersey resident worked remotely from her home as a senior instructional designer for a North Carolina-based insurance company. The remote employee filed suit against the company in the District Court of New Jersey, alleging that she was subject to discrimination and retaliation by her employer. The employer moved to transfer the case to the Eastern District of North Carolina, arguing that although the employee worked remotely from New Jersey and was present in New Jersey during many of the alleged discriminatory actions, the key employment decisions underlying her claims were made at the company’s headquarters in North Carolina.

When “Equal” Isn’t Fair – and When It Becomes a Lawsuit: Estate-Planning Red Flags for Business Owners

Published on: March 9, 2026 | by Elizabeth Candido Petite

Business owners spend years building something tangible: crews, equipment fleets, supplier relationships, customer goodwill, and a reputation that can’t be bought overnight. Yet when an owner becomes incapacitated or dies, the most expensive flight is often not with a competitor, it’s inside the family.

Trust and estate litigators see the same pattern repeatedly: the owner’s plan technically exists, but it contains “red flags” that practically invite a courtroom brawl. When those red flags aren’t addressed during life, they’re often resolved in a courtroom where the process is lengthy, emotional, and expensive.

For owners whose business is hands-on, asset-heavy, seasonal, and often family-involved, the risk is amplified. Below are the most common litigation triggers I have seen in my practice, along with planning moves that can keep your family, your crews, and your company out of chaos.