Third office location in New Brunswick, NJ!
Shaw Divorce & Family Law LLC is proud to announce the establishment of its third office. Our new location in New Brunswick, NJ will be more convenient and accessible to residents of Middlesex County, and our primary office will remain in Bedminster, NJ to serve...
Happy holidays from Shaw Divorce & Family Law!
We here at Shaw Divorce & Family Law extend our warmest thoughts and best wishes for a wonderful holiday season. May peace, love, and prosperity follow you always (even in divorce). As the year draws to a close, we give thanks to our clients. We are truly grateful...
Finder.com: Tips and tricks for divorce mediation from Andrew M. Shaw, Esq.
What is divorce mediation? What are the pros and cons? How much does divorce mediation cost? If you're curious, Andrew M. Shaw, Esq., and three other prominent divorce attorneys have provided their tips and tricks to divorce mediation on Finder.com. Check it out! *The...
Our office has moved to a new location in Somerville!
Our office has relocated to 21 W. High Street, 2nd Floor, Somerville, NJ 08876. Please feel free to come by and check out our new digs! Our expanded office will allow us to better serve our clients in Somerset County and throughout the State of New Jersey.
Andrew M. Shaw, Esq. Published in the New Jersey Law Journal!
Once again, Andrew M. Shaw, Esq., the managing attorney of Shaw Divorce & Family Law LLC, has been published in the New Jersey Law Journal. His article can be accessed here: Production of Mental Health Records for Custody and Parenting Time Evaluations. Relying on...
Do I have to pay more support because my spouse refuses to work?
Thankfully, probably not. These decisions are made on a case-by-case basis, but Courts will generally set support obligations as if both parties are working at maximum capacity, even if that's not true. When either spouse/parent is underemployed or unemployed without...
But… who gets custody of the DOG?!
Our pets are like members of the family. I am often confronted by clients who are deeply concerned about which spouse will keep the dog in the event of a divorce. So, who gets custody of the dog? NEW JERSEY TREATS PETS AS PROPERTY WITH SPECIAL EMOTIONAL VALUE While...
Can I be reimbursed for overpaid child support?
Generally, retroactive modification is prohibited. As with many things in the law, the answer is “maybe.” Generally, the retroactive modification of child support is prohibited under New Jersey law, which provides as follows: “No payment or installment of an order for...
When and How to Disqualify a Judge
In the Family Part of the Superior Court, it is often tempting to seek the removal of a seemingly biased judge. When a decision is unfavorable, it is easy to suspect bias or corruption. Of course, trial judges in the State of New Jersey are obligated to conduct...
Second Office Location in Flemington, NJ
New office location in Flemington, NJ! Shaw Divorce & Family Law LLC is proud to announce the establishment of its second office. Our new location in Flemington, NJ will be more convenient and accessible to residents of Hunterdon County, and our primary office...
3 Strategies to Win Sole Legal Custody in New Jersey Divorce
Brace yourself. If your goal is to obtain sole legal custody, you are facing a severe uphill battle. Joint legal custody is presumptive and will be awarded in the vast majority of cases. Barring extreme circumstances, sole legal custody is not a reasonable objective...
Can you get an uncontested divorce during the COVID-19 pandemic?
Ah, before the pandemic… It was a simpler time. Things were more predictable when the Courts were operating normally. After a case was settled, the parties would appear in Court for what is known as an “uncontested hearing.” At that hearing, the Court would put the...
5 Tips for Giving Credible Testimony & Winning the “He Said, She Said” Trial
If settlement efforts fail and your case proceeds to trial, it will be critical to convince the Court that your testimony is “credible," which means believable, trustworthy, or reliable. In divorce and family law cases, there is often little or no direct evidence to...
Business Valuations in New Jersey Divorce: Marketability and Minority Discounts
Business valuations are some of the most complex and contentious issues in New Jersey divorce. In almost every case, each party will retain an expert, and the difference between those expert opinions can be hundreds of thousands or millions of dollars. For example, in...
U.S. Supreme Court Protects the Rights of Gay and Transgender Workers
Today, the United States Supreme Court ruled that firing an employee merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. While there can be little debate over whether gay or transgender individuals are deserving of such protection...
4 Tricks to Getting a Quick Decision on Appeal
Common wisdom in the New Jersey legal community says that appeals require a year or two to resolve. The length of time it requires to file, brief, argue, and receive a decision from the Appellate Division often dissuades litigants and attorneys alike from taking that...
4 Things Mary-Kate Olsen Can Teach You About Emergent Relief in New Jersey Divorce
In May 2020, Mary-Kate Olsen (of “Full House” and subsequent fashion design fame) filed a petition for emergency relief in her divorce proceeding from Olivier Sarkozy (the brother of former French president Nicolas Sarkozy) in the State of New York. Apparently, Mr....
7 Tips for Litigating a Trial by Zoom
I am exhausted. I just completed my third trial this month, and I have one more coming up in the beginning of June. All those trials were conducted by Zoom videoconference. For the time being, it seems like Zoom will remain a significant portion of legal practice, so...
How to Correct Minor Errors in a Court Order
In many cases, litigants in New Jersey assume that any correction to a Court Order requires a motion for reconsideration or an appeal to the Appellate Division (or a motion to vacate, a motion to modify, etc.). Fortunately, they're wrong! There is a provision under...
A Primer on Domestic Violence Restraining Orders in New Jersey
In enacting the Prevention of Domestic Violence Act ("PDVA"), the New Jersey Legislature declared that "domestic violence is a serious crime against society; that there are thousands of persons in this State who are regularly beaten, tortured and in some cases even...
How to Value a Business in Divorce: Income Approach, Asset Approach, and Market Approach
If you or your spouse owns a small business, dividing its value in divorce can be an extremely contentious issue. Indeed, this is one of the select few issues in family law that often results in a trial. Why? Because each party is likely to retain their own expert to...
COVID-19: Are New Jersey Family Courts Closed?
Are the Family Courts in New Jersey closed? Fortunately for those who need the assistance of a judge, the short answer is "no." The Courts are not closed. In fact, the Family Part of the Superior Court in New Jersey remains open and operating (mostly) as usual!...
The New Jersey Divorce Guide (2020) is here!
ANNOUNCING: THE NEW JERSEY DIVORCE GUIDE (2020)! This free downloadable PDF provides a comprehensive overview of everything you need to know before filing for divorce. It is a crash course in dissolving a marriage in the State of New Jersey, which acts as a more...
What to do when the judge gets it wrong: motions for reconsideration explained.
If judges were perfect, we wouldn’t need a court of appeals. Unfortunately for many going through the divorce process, judges can and often do get issues wrong. Fortunately, however, there is a sliver of hope: the motion for reconsideration. While it can be...
Permanent Relocation to Another State with Child
Today, the New Jersey Supreme Court in the case of Bisbing v. Bisbing abandoned its previous holding establishing a lenient standard for custodial parents seeking to permanently relocate with the child to another state. Instead, both parents will be on equal footing...
Much more info on how to vacate a Court Order.
No, no, I said "vacate" not vacation. The beach is totally unrelated. Hate that Court Order? Want to get rid of it? Our Divorce Guide will show you how! If you're still in the middle of the case (prejudgment), the best path is to file a motion for reconsideration. But...
Child support cannot be waived.
One of the most important principles relating to child support is that child support belongs to the child. Although the money may be flowing to a parent, it actually belongs to the child. For that reason, agreements related to child support are subject to special...
Prenuptial Agreements
The Divorce Guide now covers prenups! If you're considering marriage but worried about divorce, a prenuptial agreement is the answer you've been looking for. Alimony? Waive it. Don't want to give him your retirement account? No problem. Don't want her owning half the...
Motions: Res Judicata, the Entire Controversy Doctrine, & the Value of an Skilled Attorney.
If you need to file a motion, I strongly recommend hiring an attorney to assist you. There are two basic reasons I make that recommendation: (1) the Doctrine of Res Judicata; and (2) the Entire Controversy Doctrine. First, “[t]he term ‘res judicata’ refers broadly to...
New Jersey’s new child support law, explained!
The New Jersey Legislature has passed a new child support statute that took effect effect on February 1, 2017. The new law is applicable “to all child support orders issued prior to, on, or after the effective date[,]” [S-1046/A-2721,] which means it affects every...
Can I record my phone call to use in a custody case?
It is notoriously difficult to prove certain claims in custody disputes. Often, the only available evidence may be the statements of the opposing party. Thus, it is often necessary to record a verbal conversation and to offer that conversation as evidence for the...
“Parental Alienation” in New Jersey – How to fight when your ex is turning the kids against you!
What is parental alienation? Divorces can get ugly, feelings get hurt, and parents often feel validated when the children take sides. Unfortunately, one parent actively discouraging a child from having a loving and meaningful relationship with the other is extremely...
Grandparent Visitation in New Jersey
Under the "Grandparent Visitation Statute," originally enacted in the 1970s, the New Jersey Legislature permitted grandparents to apply for visitation if such visitation would be in the best interests of the child as determined by consideration of six factors: "(1)...
Cannot Use Restraining Order as a Bargaining Chip
In the recently-published case of J.S. v. D. S., the New Jersey Appellate Division considered an appeal in which the parties had agreed, as part of the global settlement of their divorce, to the continuation of a Final Restraining Order ("FRO"). In an interesting...
Thieme v. Aucoin-Thieme (2016): Dividing Property Not Subject to Equitable Distribution
Even when property is not subject to equitable distribution, it may nevertheless be divided by the Court in a divorce proceeding if certain equitable doctrines apply. One doctrine that may be applied to divide assets exempt from equitable distribution is "unjust...
If we don’t get married, do I have to give back the engagement ring?
One of the most common questions asked of divorce attorneys is whether you need to give back the engagement ring if the engagement is broken. In short, the answer is "yes." Generally, under the 1990 Appellate Division case of Winer v. Winer, “[a]n engagement ring is a...
We have answers.
Consultations are completely free. You shouldn’t be charged while we get to know each other. During our first meeting, we’ll explore the facts, explain the law, and address the likely timeline, costs, and range of potential outcomes. When you walk out of this office, you will be armed with the legal and practical knowledge to make informed decisions related to your divorce.