Divorce & Family Law Insights — Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

Is an Experienced Litigator a Good Choice as a Mediator?

Published on: May 19, 2026 | by Frederick A. D'Arcangelo

The simple answer to this questions is yes. Why? The answer lies in the fact that pursuing mediation in an effort to divorce amicably, or in a more cost-effective manner, having the help of someone with experience is key. An experienced divorce and custody mediator must not only have the skills and attributes that can guide the parties toward an agreeable arrangement, but a mediator who also has litigation experience can also share the “long view” with the mediating parties and warn them of the consequences of abandoning mediation and turning to litigation to resolve their issues.

I have mediated several cases in which one or both parties threatened to walk away from the table and end the mediation. I recall that in those particular cases, the threat to abandon mediation stemmed from frustration, resentment toward the other party, or simply a reluctance to compromise in order to reach a global agreement.

In those cases, I was able to explain and prepare each party as to what would happen next if they pursued litigation, including the amount of unnecessary legal fees they would incur, and the difficulty of having important life issues decided by a judge who knows very little of their personal goals and desires. Those are two key reasons in addition to their lives being put on hold for at least a year while their case winds its way through the divorce process in court, continued time away from work or their home. and living in a constant state of stress. Any experienced litigator has seen countless clients, who chose litigation over mediation, live with these consequences.

Is Alimony Still Tax Deductible in New Jersey?

Published on: May 18, 2026 | by James McGlew, II

One of the most common questions people ask during divorce is whether alimony payments are still tax deductible. Many individuals remember that alimony was once treated in a specific way for federal tax purposes, and they assume that those rules still apply.

In many cases, that assumption is no longer correct.

The tax treatment of alimony changed significantly in recent years. For may people going through divorce today, alimony is no longer deductible to the payor and is no longer considered taxable income to the recipient. However, the answer is not the same in every case. It depends largely on when the alimony obligation was established.

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.

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.

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

Can I File for Divorce in New Jersey If I Was Married Somewhere Else?

Published on: March 2, 2026 | by James McGlew, II

One of the most common concerns people raise when considering divorce is whether the location of their marriage limits where they can file for divorce. This question often arises for couples who married out of state, married abroad, or relocated years after their wedding.

This is an understandable concern that I often hear in my practice. Going through a divorce is an already uncertain experience for clients, and misinformation about jurisdiction can create unnecessary stress. Fortunately, New Jersey law is clear on this issue: where you were married usually does not determine where you may file for divorce.

What matters instead is whether the New Jersey court has legal authority over the case.

Do Most Divorce Cases Go to Trial in New Jersey?

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

Many people contemplating divorce assume that to separate from their spouse they will need to participate in a courtroom trial. The thought of a “divorce trial” is often reinforced by television, social media, and stories passed down from prior generations. In reality this is no longer how divorce works in New Jersey today.

Over the past several decades, particularly since the 1980s and through significant procedural and statutory reforms in the 2000s and 2010s, New Jersey’s family court system has shifted away from routine trials. Courts now place strong emphasis on settlement, structured negotiation, and practical resolution.

Understanding this reality can help to reduce a divorce client’s anxiety and help them approach the divorce process with clearer expectations.

Common Divorce Myths in New Jersey: What the Law Really Says

Published on: February 2, 2026 | by James McGlew, II

When someone is considering divorce, misinformation often creates unnecessary fear. Social media, online forums, and well-meaning friends frequently repeat outdated or incorrect assumptions about how divorce works in New Jersey. The result is confusion, increased anxiety, and poor decision-making at a time when clarity matters most.

Over the past several decades, particularly since the 1980s and accelerating through statutory reforms in the 2000s and 2010s, New Jersey divorce law has evolved significantly. For people in their 30s, 40s, and early 50s, much of what they “know” about divorce is often based on how divorces worked for their parents or grandparents. Courts today place far greater emphasis on settlement, fairness, and practical outcomes, rather than rigid rules or outdated assumptions. Yet many myths persist, often making an already difficult process more stressful than necessary.

Below are some of the most common misunderstandings and what New Jersey law actually requires.

The Crucial Role Parenting Coordinators Play in Helping Former Spouses Co-Parent Effectively

Published on: December 17, 2024 | by Nicole A. Kobis

For spouses who have made the decision to divorce, the emotional toll placed on them and their children can be quite challenging. One of the most consequential matters that must be decided will be how both parents address raising their children once they have separated. Common parenting issues include visitation and custody arrangements, differing parenting styles, discipline, education and the introduction of new parental relationships. Navigating these issues either during the divorce process or in the months and years after can be daunting and not easily remedied. These issues often require careful management and, in some cases, professional support, to ensure that the best interests of the children are prioritized.

For individuals who find it impossible to resolve disputes regarding their children amongst themselves, or for those who cannot effectively co-parent and work together to ensure their children’s best interests are met, the appointment of a parenting coordinator may prove to be a helpful tool.

Parenting coordinators are neutral third parties, typically attorneys, appointed by the court to assist parents in implementing agreed upon or court-ordered parenting plans and navigate issues that arise in the day to day life of raising a child. The appointment of a parenting coordinator can prove to be especially important in high conflict scenarios when the disdain toward a former spouse may cloud each party’s ability to do what is best for their children.