The Daly Blog

What is the American Academy of Matrimonial Lawyers and Why Should You Hire One of Their Fellows?

What is the American Academy of Matrimonial Lawyers and Why Should You Hire One of Their Fellows?

Daly & Associates’ Founder and Managing Partner, Carolyn N. Daly, was just sworn in as the current President of the New Jersey Chapter of the American Academy of Matrimonial Lawyers.  She was recently published in Mendham Neighbors, a local magazine, to discuss the Academy and explain why it can be so important to have a […]

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The Balancing Act TV Feature – Alternatives to Litigation in Divorce

The Balancing Act TV Feature – Alternatives to Litigation in Divorce

Alternatives to Litigation in Divorce can be less stressful and less expensive Tri-State law firm outlines options on regional lifestyle show MORRISTOWN, NJ – Contrary to many beliefs, not all divorces need to transpire in a stressful court battle, and one New Jersey law firm believes there are ways to resolve divorce and other family […]

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Navigating Cohabitation & Alimony During a Divorce

Navigating Cohabitation & Alimony During a Divorce

If you are divorced and are paying, or receiving, alimony, then you should be aware of changes in the law regarding cohabitation and its impact on alimony. These changes apply, regardless of when you were divorced. Several years ago, the statute governing alimony was amended and now provides that alimony may be terminated, or suspended, […]

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Legal Tips for Navigating a High Conflict Divorce in NJ

Legal Tips for Navigating a High Conflict Divorce in NJ

Divorce can be a stressful process even when the parties are on the same page and are agreed on how to settle their matter. In cases where one personality is naturally combative, things can be even more exhausting. These cases are often referred to as “high conflict divorce” cases, although Psychology Today recently wrote that […]

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What Happens After Settlement in Mediation

What Happens After Settlement in Mediation

Mediation is an excellent method of resolving a case, regardless of whether a settlement agreement is reached. Most divorce cases are resolved before going to trial To “settle” a case means to reach an official resolution of your dispute without the decision of a judge. You and your spouse agree on what actions will be […]

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What you Need to Know: Collaborative Divorce

What you Need to Know: Collaborative Divorce

Learn More about this Alternative to Traditional Divorce

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Supervised Parenting Time: What’s the Standard?

Supervised Parenting Time: What’s the Standard?

It happens all the time: a parent makes an accusation against the other parent and the court has to make a quick decision, based on limited information, on what to do with parenting time for the accused parent. It should be unsurprising that courts faced with this situation will claim they lean toward protecting the […]

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Carolyn Daly sworn in as Vice President of NJ AAML

Carolyn Daly sworn in as Vice President of NJ AAML

Carolyn Daly, founder and managing Partner of Daly & Associates, was sworn in as the Vice President of the New Jersey Chapter of the American Academy of Matrimonial Lawyers (AAML) on Thursday, June 10 in a virtual swearing-in ceremony. Ms. Daly, who has been a fellow of the AAML since 2011 and served as Treasurer […]

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The Intensive Settlement Conference (aka “ISC”): What You Need to Know

The Intensive Settlement Conference (aka “ISC”): What You Need to Know

Courts in New Jersey try to help parties resolve their divorce at several different stages of the litigation. There is Custody and Parenting Mediation, Case Management Conferences with parties and counsel, the Early Settlement Panel (ESP) and Post-ESP mediation. If all those opportunities prove unsuccessful, the court will then schedule an all-day Intensive Settlement Conference, […]

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Stimulus Pitfalls

Stimulus Pitfalls

Why the New Stimulus Bill is Set to Cause Headaches for Divorced Parents. By Carolyn Daly, Esq., Founder and Managing Partner of Daly & Associates, LLC with help from special guest contributor Barbara Bel, CPA The new stimulus bill sounds like a great deal: extra money the government is giving you, including your children, as […]

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That was Quick: NJ Legislature Pulls a U-Turn

That was Quick: NJ Legislature Pulls a U-Turn

Says Parents Must be Notified of Underage Marijuana/Alcohol Offenses Normally, you equate the government with “deadlock,” “slow-moving,” or “red tape,” but not this time.  After hearing an outcry from the public about new rules that legally prevented officers from advising parents about underage individuals caught with marijuana or alcohol, the legislature last week signed a […]

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My Case Did Not Resolve at Early Settlement Panel.  Now What?

My Case Did Not Resolve at Early Settlement Panel. Now What?

In one of our prior posts, we discussed the importance of the Early Settlement Panel (ESP) and how the panelists can help you resolve your case. However, not all cases successfully resolve at ESP. If your case doesn’t resolve, what comes next? If the panelists are unsuccessful at resolving your case, you and your attorney […]

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Legalizing Marijuana: Consequences and Considerations in Family and Criminal Law

Legalizing Marijuana: Consequences and Considerations in Family and Criminal Law

After years of talk, it has finally happened: marijuana is legal in New Jersey. On February 22, 2021, Governor Phil Murphy signed three different bills that, together, both legalized marijuana and addressed previous charges and convictions relating to marijuana. That same day, the Attorney General sent out guidance to law enforcement regarding the bills, as […]

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Marijuana Legalization Impacts: Considerations for Juveniles and Young Adults Under Age 21

Marijuana Legalization Impacts: Considerations for Juveniles and Young Adults Under Age 21

Are kids allowed to use marijuana or drink alcohol?  It may be easier than you think. After years of talk, it has finally happened: marijuana is legal in New Jersey. On February 22, 2021, Governor Phil Murphy signed three different bills that, together, both legalized marijuana and addressed previous charges and convictions relating to marijuana. […]

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Marijuana Has Always Been Legal

Marijuana Has Always Been Legal

New laws change the past, present, and future in New Jersey After years of talk, it has finally happened: marijuana is legal in New Jersey. On February 22, 2021, Governor Phil Murphy signed three different bills that, together, both legalized marijuana and addressed previous charges and convictions relating to marijuana. That same day, the Attorney […]

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The COVID-19 Vaccine and Joint Custody Determinations

The COVID-19 Vaccine and Joint Custody Determinations

What if parents disagree on whether or not to give their children the vaccine? A few of our clients have begun to reach out to ask the question: What happens if my ex and I disagree about whether our child(ren) should receive the COVID-19 vaccine? 

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The Next Court Appearance: What is the Early Settlement Panel?

The Next Court Appearance: What is the Early Settlement Panel?

Once discovery has been completed, or in some cases, largely completed, the court will schedule your case for an Early Settlement Panel (ESP). The panelists are experienced family lawyers who have no involvement in the case, but serve in counties where they are familiar with the judges who will hear your case and can provide insight into the potential outcomes after a trial.

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Court Sponsored Custody and Parenting Mediation: What You Need To Know

Court Sponsored Custody and Parenting Mediation: What You Need To Know

If you have minor children and custody is at issue in your divorce (or in cases where the parties were not married), the court has a number of services available to parents to attempt to help them determine a custody and parenting time plan that takes into account a family’s individual needs and the best […]

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What is the Parent Education Program?

What is the Parent Education Program?

The Parent Education Program is a mandatory program for litigants with children to attend.  Both litigants are required, by statute, to attend the program, but are scheduled for different dates.  It takes place at the courthouse, or via Zoom or other video conference, with a number of other litigants. It is a one-time workshop, approximately […]

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The Court Process After the Filing of the Complaint For Divorce- What Happens Next?

The Court Process After the Filing of the Complaint For Divorce- What Happens Next?

First, the other party is served with the Complaint for Divorce or Acknowledges the Complaint for Divorce and files a responsive pleading; an Answer, an Appearance, or an Answer and Counterclaim for Divorce.  If they don’t answer, a default can be entered, but that is a different process. Once the responsive pleading is filed, you […]

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THE CUSTODY EVALUATION PROCESS: HOW TO PREPARE AND WHAT TO EXPECT

THE CUSTODY EVALUATION PROCESS: HOW TO PREPARE AND WHAT TO EXPECT

The job of a Custody Evaluator is to make a determination regarding the best interests of the child.  Depending on the facts of your case, an evaluator’s determination regarding the “best interests” may include whether a party should have sole or joint legal custody, whether a party should have sole or joint residential custody, what […]

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A CURE FOR YOUR PANDEMIC BACKLOGGED DIVORCE OR OTHER FAMILY LAW MATTER

A CURE FOR YOUR PANDEMIC BACKLOGGED DIVORCE OR OTHER FAMILY LAW MATTER

Since the pandemic began, the backlog on cases in the New Jersey court system have more than doubled.  Case backlogs are growing fastest in the Family Part.  According to the Administrative Office of the Courts, which monitors this data, the backlog in non-dissolution family part cases grew by 531%, from 502 cases in May 2019 to […]

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“Sexting” is a Dating Relationship

“Sexting” is a Dating Relationship

Do you have a “Sexting” Partner?  If so, the Appellate Division says you could be in a “Dating Relationship” under the NJ Prevention of Domestic Violence Act Want to obtain a restraining order in New Jersey?  The appellate division made that a little easier with a published decision in C.C. v. J.A.H., released on May […]

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The New “Virtual” Reality for Court Proceedings

The New “Virtual” Reality for Court Proceedings

With the onset of COVID-19 and Governor Murphy’s stay-at-home order, the court system has had to implement a number of procedures and protocols in order to allow courts to continue functioning while we all continue to social distance.  Although jury trials and other criminal proceedings are suspended, most other dockets are continuing.  The court system […]

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3 Steps to Getting Divorced

3 Steps to Getting Divorced

WANT TO GET DIVORCED?  IT’S NEVER EASY … ESPECIALLY NOW According to provisional data released by the CDC for the year 2017 (the latest year we have data for), the “marriage rate” is currently at 6.9 per every 1,000 people in the United States, while the divorce rate is at 2.9 per 1,000.  That means […]

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Co-Parenting Through a Pandemic

Co-Parenting Through a Pandemic

Attorney Carolyn Daly shares expert advice on navigating custody, parenting time and child support through this COVID-19 period. Originally Published by New Jersey Family on April 13, 2020.  Read it here. Many parents have questions about custody and parenting time during this pandemic. The problem is there is no one answer to any of those questions. […]

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COVID-19 and Parenting Time A Guide for First Responders and Others

COVID-19 and Parenting Time A Guide for First Responders and Others

We are in the midst of a serious crisis.  Unfortunately, some parties are taking that only too literally, weaponizing the current pandemic and social distancing guidelines to restrict the other party’s parenting time and ability to see his or her children.  This is particularly true among first responders or other “high risk” individuals who are […]

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Unwelcome Side Effects of COVID-19: Impact on Domestic Violence

Unwelcome Side Effects of COVID-19: Impact on Domestic Violence

Unwelcome Side Effects of COVID-19: Impact on Domestic Violence The COVID-19 pandemic has impacted all of us with orders to stay at home, self-isolate and social distance.  This presents a number of unique challenges for family law practitioners.  One of the most serious challenges is that for some of our clients, that mandate means that […]

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50+ Definitions of Insanity: Supreme Court says the Definition is up to the State

50+ Definitions of Insanity: Supreme Court says the Definition is up to the State

50+ Definitions of Insanity: Supreme Court says the Definition is up to the State With the restrictions in place due to COVID-19, many of you are probably joking about how staying indoors is driving you insane.  But what exactly is insanity?  Generally, when we discuss someone who is “insane,” we think of an individual who […]

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COVID-19 AND MATERNITY WARD VISITATION RESTRICTIONS:

COVID-19 AND MATERNITY WARD VISITATION RESTRICTIONS:

COVID-19 AND MATERNITY WARD VISITATION RESTRICTIONS:AN ATTORNEY’S TAKE It’s finally here.  Some people dream of having kids from a young age, and others later.  Regardless it becomes real and exciting and scary the moment you hear you are pregnant.  Now you are finally at the point where mom is in labor (or is scheduled to […]

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