The Daly Blog

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 ESP is a required court appearance where both parties and their lawyers appear before a panel consisting of two lawyers.  The panelists are experienced family lawyers who volunteer their time to […]

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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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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 […]

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