It is important to understand the requirements to obtain a Final Restraining Order or to defend against the entry of one. Through case law and the New Jersey legislature, there are specific requirements that need to be met. In the recent unpublished decision, the Court reaffirms that both litigants and attorneys cannot stray away from
New Reported Decision Confirms that Partition Remains an Equitable Remedy for Unmarried Cohabitants Without a Writing Despite 2010 Palimony Amendment
A new reported trial court decision, S.N. v. C.R.was released today, confirming that the remedy of partition is still available when non-married parties purchase a home together and there is evidence that the purchase is a joint venture, even if they do not have a writing as required by the 2010 amendment regarding palimony
The Best Interests of the Child Remains the Focus of Name Change Applications
In Z.A. v. R.V., Jr., an unpublished Appellate Division case, meaning not precedential, the Appellate Division ruled that the best interests of the child governs a surname change. This rationale falls squarely with the court’s previous cases that a child’s name change must be evaluated under the best interest standard. Emma v. Evans,
For Custody Jurisdiction, The Facts, Not Agreements, Matter More
In Orr v. Johnson, an unpublished decision (meaning not precedential), the Appellate Division reviewed a jurisdictional issue between two parents – one living in New Jersey and one living in Virginia – and whether the written agreement between them was conclusive of jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act (“UCCJEA”). Because the
The Modern Family Now Falls Under The Scope Of The Domestic Violence Act In New Jersey
The issue in the published trial court decision, S.C. v. J.D., reviewed what is a “household member” under the Prevention of Domestic Violence Act (“PDVA”) pursuant to N.J.S.A. 2C:25-17 to -35. The plaintiff, “Samantha”, filed a temporary restraining order against her half-sibling, “Jake”, alleging assault and terroristic threats. The two share the same father.
The Right Way to Get an Above-The-Guidelines Child Support Award, Counsel Fees and Argue for Imputation
The new unpublished case of Nabbie v. O’Connor is a good review of above-the-guidelines child support, income imputation and counsel fees. Child support guidelines are only applicable for the total support award when parents earn combined net income of $187,200 per year. What happens to the remainder of support? It’s reviewed based upon the child’s
Coronavirus Creates Estate Planning Opportunities – Divorce Too?
Over the last several weeks, via emails, attending webinars and otherwise, I have frequently heard that the coronavirus may create significant estate planning opportunities. In fact, while writing this post, I Googled “coronavirus and estate planning opportunities” and got 544 million results in .46 seconds. While I am sure that not all of the results
As if it Wasn’t Clear the First Time, The Appellate Division Rules On the Impact of a Social Security Administration Disability Determination on Support- Again
In a recent published (precedential) decision, Gormley v. Gormley, the Appellate Division cleared up confusion between two prior cases that dealt with the impact of a determination of disability by the Social Security Administration upon support.
In Gormley, the parties were divorcing. The Wife in this matter had been diagnosed with multiple sclerosis
New Jersey Appellate Division Examines the Meaning of “Dating Relationship” in Domestic Violence Cases.
I have written about the requirements of obtaining a domestic violence final restraining order (“FRO”) under the New Jersey Prevention Against Domestic Violence Act (“the Act”) previously on this blog. One of the three main criteria the Court must look at when determining whether to grant a final restraining order in such cases is the
Two Months of Overnights May Not Definitively Mean Cohabitation, But It Should At Least Get You Discovery
As we have said before, the 2014 amendments to the alimony statute allegedly made it easier to terminate alimony if the recipient of the alimony was cohabiting. The statute now provides that alimony may be terminated or suspended if cohabitation was proven. The statute made clear that the parties didn’t even have to live together