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

Virtual Divorce: How to Move Forward with Your Life During the Pandemic

Published on: July 30, 2020 | by Honorable Katherine Dupuis, (Ret.) and Nicole A. Kobis

The Honorable Judge Katherine Dupuis, (Retired) and Nicole A. Kobis, partner at Lindabury, McCormick, Estabrook, & Cooper, P.C., explain how divorce can be handled virtually

If classroom lessons and workout classes can be conducted virtually, does the same hold true for divorce proceedings?

The short answer to this is yes. Virtual alternative dispute resolution will result in a faster divorce process during times like these when the courts have limited capabilities and a back log of matters to be heard.

How to Resume a Former Name At or After the Time of Divorce

Published on: June 11, 2020 | by James McGlew, II

One topic new clients ask about is how they can resume a former name at the time they get divorced. Others were divorced but did not resume a former name at that time and ask is it too late to do so now? Still others did resume a former name but have questions about what to do next.

In New Jersey, Courts permit a Party to formally resume the use of a former name (or other surname) upon the entry of a judgment of divorce. If this is something you wish to do, it is best to advise your attorney at the outset of your case. It can then be included in your first filing with the Court whether that is a Complaint with you as the Plaintiff or in your Counterclaim with you as the Defendant.

If you are unsure as to whether to do so at the start of your case, a request can be made by your attorney at the final divorce hearing to amend/revise your pleading to permit you to do so at that time.

Karolina Dehnhard Interviewed in Polish Publication about How Trade Relations Look Between the U.S. and Poland

Published on: May 20, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Karolina Dehnard, Managing Director of the International Transaction Group at Lindabury, and President of the Polish-American Chamber of Commerce in the Northeastern USA, was interviewed by Polish publication White Eagle about how the world of business has changed over the past few months and how trade relations between the United States and Poland look today. The interview is available here.

Karolina Dehnhard Interviewed by 60 Million Kongress, An Organization Uniting Polish Business Leaders Worldwide

Published on: May 20, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Lindabury Divorce & Family Law attorney and Managing Director of the International Transaction Group, Karolina Dehnhard, was interviewed by 60 Million Kongress, an organization uniting Polish business leaders worldwide as part of their series of influential Global Polish leaders discussing both international divorce and business development in Eastern Europe during the pandemic. You can view the interview here.

Common Questions About Divorce and Child Visitation During ‘Shelter in Place’

Published on: March 25, 2020 | by Frederick A. D'Arcangelo

As we get deeper into the “shelter in place” requirement imposed by Governor Murphy, stress is more present in our lives every day. Being house-bound is frustrating on so many levels. Couples who are in difficult marriages, or who are going through a divorce (regardless of whether they are separated or living together) face much greater stress on a day-to-day basis while sheltering in place, or while managing things like the exchange of children for parenting time.

I have some basic points of advice for those of you who are contemplating divorce but have not yet taken action, as well as for those of you who have a divorce case which is active. You are both facing the same types of problems which have been aggravated by the onset of the coronavirus crisis.

Here are some practical tips to help you through these challenging times:

COVID-19 and Virtual Divorce Mediation

Published on: March 24, 2020 | by James McGlew, II

The COVID-19 virus has placed the population in a situation the likes of which we have never seen in our lifetime. It has had an impact on almost every facet of our lives. It has raised, and will continue to raise, the stress levels each of us experience in everyday life.

As a family law attorney, I can confirm that it has had a crippling effect on the legal system and its ability to attend to cases. Courthouses are closed to the public. For the foreseeable future, Judges and their staff will be working remotely. The time-consuming process of divorce litigation will face extended future delays.

As an alternative to the delays posed by the virus, I am pleased to offer “Virtual Mediation Services.”

Coparenting Arrangements In The Time of Coronavirus

Published on: March 18, 2020 | by Nicole A. Kobis

It goes without saying that the spread of coronavirus (Covid-19) is presenting an unsettling and challenging time for individuals across the globe. People are grappling with economic consequences due to employment interruptions and working hard to create a schedule that ensures continuity in their children’s lives.

For individuals who are coparenting and following a parenting time schedule whereby their children split their time between two homes, the current set of circumstances may present a unique set of challenges and considerations. Since there has not been a global incident of this magnitude in recent history with which to compare these recent set of circumstances, there is no model of how divorced or separated parents should handle these challenges.

To the best that you are able, you should continue to adhere to the parenting time schedule that you have already been following. This will provide your child or children with a level of structure and consistency especially given the extended absence from their schools, friends and everyday routines. However, it is also important to be flexible and work together as employment interruptions and childcare needs may force alterations to established schedules. It is understandable that during this time necessary modifications may be in the best interest of your child and children in order to safeguard them or other members of your family from exposure to the virus. Communication is always important as you continue to coparent, and open dialogue is especially crucial during a time like this.

Lindabury Adds Dehnhard as Partner

Published on: February 21, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Karolina Dehnhard joined Lindabury, McCormick, Estabrook & Cooper PC in Westfield as partner in the firm’s divorce and family law practice, and as managing director of the international law group.

In her matrimonial practice, Dehnhard focuses on divorce, prenuptial agreements, child custody, parenting time, alimony, child support, adoption, and domestic violence issues. She assists with complex financial issues, including valuation of businesses both domestically and abroad; international custody rights; the impact of immigration status on divorcing spouses and their children; enforcement of foreign divorce decrees; and the complexities associated with alimony rights and post-judgment cohabitation.

A native of Poland, Dehnhard founded the Polish-American Chamber of Commerce North-East, which focuses on collaboration between Polish and American business networks with an eye toward international development. She’s often tapped to present workshops geared toward educating Polish-based companies on doing business in the U.S.

Lindabury Welcomes New Partner David Tawil

Published on: February 21, 2020 | by Lindabury, McCormick, Estabrook & Cooper, P.C.

Lindabury, McCormick, Estabrook & Cooper is pleased to announce that David R. Tawil has joined the firm as a partner in its Divorce & Family Law practice. He will concentrate on divorce, prenuptial agreements, child custody and support, alimony, and domestic violence issues. Tawil brings extensive experience with New Jersey’s Rabbinical courts.

“David Tawil’s addition to our firm adds a unique perspective for our clients, especially those in the observant Jewish population throughout New Jersey,” said David Pierce, president of Lindabury, McCormick, Estabrook & Cooper, P.C. “His expertise with complex proceedings, including the handling of cases in all aspects of mediation and arbitration, offers a cross-platform service that includes family law issues before the Rabbinical courts.”

Tawil brings more than 17 years of litigation experience to Lindabury, having tried numerous family law matters as well as appellate proceedings, post-judgment cohabitation, alimony modification applications and change of circumstances motions and hearings. He serves as an advisor to several Rabbinical courts regarding the complex aspects of civil laws relating to divorce, custody and support and the interaction between civil and religious legal canons with the goal of reaching decisions that are fair and equitable.

How “Final” is a Final Restraining Order?

Published on: July 8, 2019 | by James McGlew, II

Since its’ passage in 1991, the Prevention of Domestic Violence Act or “PDVA” has afforded protection to New Jersey residents who have been the victim of domestic violence. The PDVA has been amended and interpreted on countless occasions over the years and is one of the most strict and protective laws of its kind in the country.

If an individual alleges that they have been the victim of domestic violence and can demonstrate this to a Judge, an emergent Order of protection will be entered. This temporary restraining order or “TRO” will be issued and served upon the other party who will then be restrained from having any contact with the complaining party. At the same time the matter will be scheduled for a hearing, to occur in approximately ten days, where testimony will be taken under oath to determine whether an act of domestic violence occurred. At the conclusion of the hearing the Court will determine whether an act of domestic violence occurred and, if so, the terms of the temporary restraining order will become final and/or modified as final. If the Court finds that an act or acts of domestic violence occurred, the Court has the authority to impose a variety of restrictions and prohibitions in what will become a Final Restraining Order or “FRO.”

Over the years I have had both plaintiffs and defendants inquire as to how “final“ their Final Restraining Order or FRO actually is. The answer varies from state to state.