Just over a year after the New Jersey Supreme Court changed the standard to be applied in removal, or interstate relocation, cases, the Appellate Division in Dever v. Howell (an Appellate Division set to be published and, thus, will be precedential) is here to remind us that the burden to show cause for the proposed
Jessica C. Diamond
Read This Before You Press “Record”
By Jessica C. Diamond on
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…
A Playlist for When You’re Going Through a Divorce on Valentine’s Day
By Jessica C. Diamond on
It may seem counter-intuitive, but the month of Saint Valentine is also generally the month that sees the highest volume of filing for divorce. For some people, getting divorced may be their New Years Resolution. Others wait until the start of the new year so that they can have one last holiday season with their…
New Appellate Division Decision Outlines Procedures for Reconstructing the Record in DV Cases
By Jessica C. Diamond on
The Appellate Division recently issued a published (precedential) decision in the matter of G.M. v. C.V. providing some clarification on procedures that must be followed when a transcript is not available to serve as a record of a prior hearing.
In G.M., a domestic violence restraining order had been entered between the parties in…
The Supremes Clarify the Legal Definition of Harassment When It Comes to “Purely Expressive Activity”
By Jessica C. Diamond on
Posted in Domestic Violence, Practice Issues
The word “harassment” is one of those terms I hear all the time as a family law attorney. I have had complaints from clients that their spouse made a mess of the house just to “harass” them. Or, I have had adversaries who intentionally misconstrue every single dispute between our clients as “harassment.” It is…
This Agreement to Arbitrate Will Self-Destruct in 3…2…1…
By Jessica C. Diamond on
Arbitration – essentially, a private trial in which the parties hire a fact-finder who serves in lieu of a judge – has become an increasingly common means of resolving family law disputes. Although an arbitration may be conducted with all the formalities of a trial, usually parties can agree to dispense with certain formalities, some…
Where Should Custody and Parenting Issues Be Decided?
By Jessica C. Diamond on
Sometimes, the location of a case – for one reason or another – can be just as important as anything else. Perhaps the law is different and more beneficial to one side in a particular location; possibly, one place is simply more convenient for purposes of introducing evidence at a trial or merely having all…
Could Service of Process Via Facebook Be the Way of the Future?
By Jessica C. Diamond on
Ah, technology. In this modern world, we navigate the roads on our phones instead of a map. We talk to a cylindrical tube to tell it to order more toilet paper for us, tell us the weather, read us the news, or turn on the lights. We don’t remember anyone’s phone number because they are…
Let’s (Not) Make a Deal
By Jessica C. Diamond on
While we do not typically blog on cases outside of the family court, a recent law division case examined the child support lien statute, N.J.S.A. 2A:56.23b and its impact on settling a personal injury case and on settlements in general. The statute requires that a child support judgment search be performed to determine if a…
When You Sue Your Parents to Pay for College, You May Be Emancipated
By Jessica C. Diamond on
In a new published (precedential) decision, Ricci v. Ricci, the Appellate Division addressed an adult child’s (an oxymoron, I know) request for her divorced parents to contribute to her college education expenses. Going back to basics, the Appellate Division reminded us that – before any determination about a divorced parent’s obligation to contribute to…