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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Tag Archives: North Caldwell Divorce Attorney

DOG CUSTODY – CONTINUED

Posted in Custody, Equitable Distribution, Practice Issues

Earlier this year, I blogged on the Houseman v. Dare case decided by the Appellate Division in a reported (precedential) opinion that held that  the special subjective worth of a pet to a party must be considered . Similarly, there were allegations there there was a specific agreement that one party would keep the dog, which was breached by the… Continue Reading

APPELLATE DIVISION ISSUES INTERESTING OPINION ON JURISDICTIONAL ISSUES

Posted in Alimony, Child Support, Equitable Distribution, Practice Issues

A basic question that people often ask at the outset of a divorce is, does the Court have the ability, or jurisdiction, to hear their case, especially when one spouse lives in a state other than New Jersey? New Jersey statutory law seems clear, but the outcomes of a jurisdictional question over whether the Court… Continue Reading

WHO CAN BE A VICTIM UNDER THE PREVENTION OF DOMESTIC VIOLENCE ACT

Posted in Domestic Violence

One of the main questions often arising in a potential domestic violence scenario is whether the victim is protected by the New Jersey Prevention of Domestic Violence Act.  Courts have broadly interpreted the Act’s terms to protect victims within the Act’s legislative purpose.  For instance, a "victim of domestic violence" under the Act must be a person 18… Continue Reading

APPELLATE DIVISION FINDS THAT 9 YEAR MARRIAGE DOES NOT MERIT PERMANENT ALIMONY – PREMARITAL COHABITATION COUNTS TOWARD LENGTH OF MARRIAGE

Posted in Alimony

In an interesting unreported decision released yesterday in the case of Christopher v. Christopher, the Appellate Division reversed a trial court opinion granting the wife permanent alimony.  The parties were married 2006 and the Complaint for Divorce was filed in December 2004.  Interestingly, the trial court found and the Appellate Division affirmed the tacking of… Continue Reading

LIMITED DURATION ALIMONY – FOR HOW MUCH AND HOW LONG?

Posted in Alimony

For about a decade, Limited Duration Alimony (LDA) has been an available form of alimony in New Jersey.  The questions often asked regarding LDA is, when should it be awarded and, relatedly, for how much and how long?  These questions were recently addressed in the unpublished Appellate Division opinion of Elliott v. Prisock-Elliot, decided on June 2,… Continue Reading

MEDIATION – IS THE MEDIATOR’S GOAL A FAIR SETTLEMENT OR ANY SETTLEMENT?

Posted in Alimony, Child Support, Practice Issues

Previously I blogged on the issue of mediation and my skepticism of the process under certain circumstances.  This week there was a spirited discussion regarding the issue of mediation on the New Jersey State Bar Association Family Law Section listserve.  As a result, I thought it would be wise to highlight some of the issues again. To… Continue Reading

WHO CHOOSES THE CHILDREN’S RELIGION? THE ANSWER IS EASIER THAN YOU THINK

Posted in Custody, Practice Issues

In this day and age, marriages involving people of different religious in no longer uncommon.  In some of these families, the parties choose one religion to raise the children in.  Sometimes even, one parent converts to the other’s religion.  In other cases, the parties and the children observe both religions. The question is what happens… Continue Reading

WHAT TO DO WHEN YOU LOSE YOUR JOB

Posted in Alimony, Practice Issues

Though we have blogged about this issue in the past, as it is particularly topical given the article in today’s NJ Biz that New Jersey area (including the New York Metropolitan area) job losses are outpacing the national addresses.  As noted on prior job posts. the standard for modifying support is that there has to be… Continue Reading

APPELLATE DIVISION DENIES EX-WIFE’S CLAIM REGARDING BUY-OUT VALUE OF MARITAL HOME

Posted in Equitable Distribution, Practice Issues

Recently, in the unreported decision of Pacifico v. Pacifico, the Appellate Division reversed a trial court’s ruling establishing that an ex-wife provided sufficient proof to overcome a presumption established by the New Jersey Supreme Court that “current market value as of the time of the triggering event” should govern the value to which the ex-wife… Continue Reading

LEGALLY MARRIED SAME-SEX COUPLE OBTAINED DIVORCE IN NEW JERSEY

Posted in Civil Unions and Domestic Partnerships

In the first ruling of its kind in the State of New Jersey, a Superior Court Judge has held that a same-sex couple legally married in another jurisdiction can obtain a divorce in this state.  While New Jersey is not one of the few states with legalized gay marriage (only Massachusetts and Connecticut currently permit same-sex marriages), it does allow couples to enter… Continue Reading