LEGAL NEWS & UPDATES

Keeping you current.

Third office location in New Brunswick, NJ!

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...

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Happy holidays from Shaw Divorce & Family Law!

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...

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But… who gets custody of the DOG?!

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...

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Can I be reimbursed for overpaid child support?

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...

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When and How to Disqualify a Judge

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...

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Second Office Location in Flemington, NJ

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...

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4 Tricks to Getting a Quick Decision on Appeal

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...

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7 Tips for Litigating a Trial by Zoom

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...

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How to Correct Minor Errors in a Court Order

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...

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COVID-19: Are New Jersey Family Courts Closed?

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!...

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The New Jersey Divorce Guide (2020) is here!

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...

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Permanent Relocation to Another State with Child

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...

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Much more info on how to vacate a Court Order.

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...

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Child support cannot be waived.

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...

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Prenuptial Agreements

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...

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New Jersey’s new child support law, explained!

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...

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Grandparent Visitation in New Jersey

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)...

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Cannot Use Restraining Order as a Bargaining Chip

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...

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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.

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