Anything can happen in court. Last week, while in the midst of an appearance, I served as de facto wedding photographer. Although the bride and groom were blissfully unaware of it, their wedding ceremony came as a welcome reprieve from an incredibly heated argument between me and my adversary, back in court just three months
Read This Before You Press “Record”
Technology is making it easier and easier to satisfy our curiosity about just what the heck the people in our lives are up to. Are you curious about your husband’s whereabouts? You could plant a GPS device on his car. Do you want to know what your wife is saying to the kids? There are
Smile for the Camera, and other Family Law nightmares
You never know when or where the next video camera or recording device is going to show up. And when you’re in the middle of a contested divorce, particularly if there are custody issues, caution is key. I was reminded of this recently when a local news channel reported on complaints against Amazon delivery drivers
“Conscious Uncoupling”: An Ode to a Mediated Divorce
As a lover of all things Coldplay, I was sad to hear that lead singer Chris Martin and his wife of more than 10 years, Gwyneth Paltrow, were divorcing. Gwyneth Paltrow announced the separation on her website Goop.com and used the term “conscious uncoupling” to describe their approach to divorce. Although the term had been
Protecting Health Information in the Context of Divorce Proceedings and Domestic Relations
My colleagues Michael Kline and Elizabeth Litten recently co-wrote a series of blog posts for the firm’s HIPAA, HITECH and HIT blog containing valuable information for individuals either undergoing divorce proceedings or navigating other domestic relations issues.
In their series, Michael and Elizabeth explore complex
Should you Change Your Attorney Mid-Stream?
Yesterday, I met with a potential client who was considering changing attorneys in the middle of a divorce. Although dissatisfied with the present counsel, the potential client expressed concerns that the judge might have a negative opinion if there was a change mid-stream.
The lawyer client relationship is tough in many aspects. You have a
Tracking Finances: There’s a (New Jersey Divorce) App For That.
Oftentimes I hear from clients that gathering their financial information is the most daunting task they will face during the divorce process. They picture being buried in an avalanche of documents, account numbers and canceled checks.
The New Jersey Divorce App’s Finance Tracker can help. In fact, I have recommended it to my clients before,
Appellate Division Finds that Putting GPS in Spouse's Car was Not an Invasion of Privacy
As technology progresses, the use of it rears its head during divorce cases. One such form of technology is the use of a GPS in a spouses vehicle. In a reported (precedential) opinion decided on July 7, 2011, in the case of Villanova vs. Innovative Investigations, the Appellate Division affirmed a trial court’s granting of summary judgment, effectively dismissing a husband’s invasion of privacy claim.
In this case, the wife , in the midst of divorce proceedings, hired a private investigator to follow her husband. The private investigator later suggested that the wife put a GPS device in the family vehicle driven by the husband and she did. She later used the findings in the divorce case. During the divorce case, the husband amended his divorce pleading to seek invasion of privacy damages against the wife. He also tried to add the defendant’s in this case, the private investigator as a defendant in the divorce case but the court would not allow that. The husband ultimately abandoned his tort claim against the wife in their settlement but reserved his rights to pursue his claim against the private investigator.
The invasion of privacy claim in the case against the private investigator was ultimately dismissed because the court found that there is no expectation of privacy driving over public roads.
New Court Rules To Help Prevent Identity Theft
So often we hear about how to prevent identity theft. Do not give out your social security number; do not give out bank account information, etc. But what do you do when you are going through a divorce, and the Court requires you to provide documents that contain your social security number and/or bank account
Divorce for the Well-To-Do
As seen in Affluent Magazine.
Divorce for those of substantial wealth relative to those of limited wealth is an oxymoron – aspects of divorce between the two classifications are both similar and yet quite different. In final analysis, it is a question of degree – that is, the number of zeros behind the dollar signs. This summary discussion will deal with certain procedures and aspects of divorce which are similar to both. The distinctions lie in the availability and desirability of various procedural vehicles to the two groups.
Privacy and Confidentiality
Nearest to the hearts of you — the rich and famous (next to, of course, your money) — is privacy and confidentiality. None of you in your right mind wants to spread your dirty laundry in public – least of all those of you blessed with substantial wealth. With divorces of such persons being instant grist for media dissemination, generally, it is better for all concerned (especially their children on a whole host of levels) to have disposition of your matter not a matter of public spectacle. All too often, the perceived lesser-advantaged spouse may play the publicity card (or threaten to do so) in order to opt out a financial advantage – or in simple parlance – vie for “hush” money. Perception by the lesser-advantaged spouse that the financially-advantaged spouse will deal with her or him fairly (whatever that may mean) will usually go a long way toward negotiations where calmer minds prevail. Another method of seeking to assure a divorce far from the public eye is for a pre-marital agreement to address issues of confidentiality and mediation and/or arbitration out of the public limelight.