John S. Eory

Latest Articles

In the recently decided case of Flynn v. Flynn, a New Jersey appeals court was faced with whether to apply New Jersey or Pennsylvania child support law regarding a parent’s obligation to an eighteen-year-old full-time college student. Although Flynn was fact-specific due to the parties’ prior legal entanglements, the decision explores the substantial differences between Pennsylvania and New Jersey with respect to child support.…
To be or not to be vested—that is the question. Well, at least that was the question considered by a New Jersey appeals court in the recent decision of M.G. v. S.G. Otherwise stated, the question concerned whether a stock award which was issued to an employee prior to a divorce filing but which was vested after the divorce complaint was filed be subject to equitable distribution between the parties.…
During a divorce, many topics are covered in the Marital Settlement Agreement, and many more when the divorcing couple have children together. This can include child support as well as future college contributions. Depending on the agreement, the divorcing parties may specifically determine the percentages that each will pay for college costs, or will—if the child or children are young—defer setting any percentages until the child is in their senior year of high school. Within…
The Appellate Division of the New Jersey Superior Court has affirmed a Domestic Violence Restraining Order which had been levied against a husband in the midst of a divorce. The decision, captioned, E.D.B. v. D.S. for privacy reasons, came about when the wife discovered the husband had placed an iPad in their shared home office and an iPhone under his bed in order to monitor his wife’s activities when he was not home. The couple…
In the world of domestic violence law, it is virtually axiomatic that “words alone” may be sufficient for a Court to conclude that a predicate act of domestic violence had occurred. That assumption was upset in the recently decided case of State v. Burket, a non-family law decision.…
Traditional fault divorce is generally viewed as a time consuming, expensive, and very public way to end a marriage. Couples who once shared homes, finances, and families suddenly find themselves as adversaries, fighting to divide the life they built together. Finances, and families, are often shattered by divorce. Divorce arbitration has been used for many years to resolve various legal issues. Divorce attorneys are increasingly viewing arbitration as a viable alternative to a court divorce…
In a case of first impression in New Jersey, the mother of a 16- year-old minor has been granted the right to legally change his first name from Veronica to Trevor. The court’s decision in the matter of Sacklow v. Betts was approved for publication on June 28, 2017 which gives it enhanced status in the legal community. Because the case involves a minor child and his parents share legal custody – and disagree to…
Many people contemplating divorce do not realize that if they are unable to reach a settlement, the result is a full trial before a judge of the Superior Court of New Jersey. It is critical to understand what occurs during a divorce trial – and what does not occur – and to be prepared. First, a trial is not is not like a television drama or reality show. It is a highly structured event, subject…
Divorce arbitration is an effective method of dispute resolution which has been recognized by the New Jersey Supreme Court as an alternative to conventional litigation. Given the severe backlog in the New Jersey court system and the difficulty obtaining consecutive hearing dates and receiving timely decisions, more divorcing parties are turning to arbitration to resolve their disputes. As a certified divorce arbitrator, I will describe what arbitration is (and isn’t) and explain how it functions.…