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Publications

A wealth of publications written by the family law attorneys of Robert T. Corcoran, P.C.

The Cost/Benefit of Proving Marital Lifestyle in Determining Support

The alimony statute, codified at N.J.S.A. 2A:34–23, requires the court to consider 13 specifically enumerated factors (plus a 14th catch-all) in determining alimony. One of the factors to be considered is the standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably… (Read More)

The New Jersey Removal Statute and the Proposed Model Relocation Act: A Comparison

N.J.S.A. 9:2-2 governs the removal of children of divorced parents from the State of New Jersey. The case law over the last 13 years has defined the factors which guide the courts in deciding removal cases, and includes two comprehensive opinions by the New Jersey Supreme Court. Most recently, the Appellate Division further defined the criteria, bringing into greater focus the factor of paramount concern, the best interests of the children. (Read More)

Grandparent Visitation in New Jersey After Moriarty v. Bradt

The issue of grandparent visitation has been addressed most recently by the New Jersey Supreme Court in the case of Moriarty v. Bradt, 177 N.J. 84 (2003). In this case, the Court addressed the constitutional issues surrounding the application of New Jersey’s Grandparent Visitation Statute, codified at N.J.S.A. 9:2-7.1, in light of the United States Supreme Court decision of Troxel v. Granville, 530 U.S. 57, 120 S. Ct. 2054, 147 L. Ed. 2d (2000). (Read More)

Cohabitation As An Essential Element of Palimony Claims

For almost thirty years, it has been the law of the State of New Jersey that unmarried adult partners may cohabit in a marital-type relationship and enforce a promise of lifetime support (a so-called “palimony” claim). If one of the partners is induced to enter into or remain in the relationship by that promise and consideration is received in exchange, there is an enforceable contract as long as it does not rest upon a consideration of meretricious sexual services. (Read More)

The Uniform Interstate Family Support Act (“UIFSA”): A Final Resolution to the Interstate Support Crisis

From 1950 until very recently, interstate child support cases followed the procedures established by the Commissioners on Uniform State Laws in the Uniform Reciprocal Enforcement of Support Act (“URESA”) and the Revised Uniform Reciprocal Enforcement of Support Act (“RURESA”) (approved in 1968), both of which were approved for the purpose of resolving the overdue support crisis in this country. (Read More)