In a recently published trial court decision, Marsico-v-Marsico, the Honorable Lawrence R. Jones, J.S.C., dealt with the novel question of law as to whether or not a designated power of attorney could appear and testify on behalf of or in lieu of a divorce litigant. After addressing this issue, Judge…
Legislation has recently been introduced in the New Jersey Legislature that would allow for the issuance of Restraining Orders in Non-Domestic Violence situations. While its passage and/or application to family law matters is problematic, this led me to think about a question frequently posed by many of my divorce clients…
A bill has passed the New Jersey Senate and Assembly and which is now before the governor that intends to amend the current alimony statute, N.J.S.A. 2A34-23. At present, the alimony statute allows a court to consider (1) permanent alimony; (2) limited duration alimony; (3) rehabilitative alimony; and (4) reimbursement alimony. …
Most of us have watched the opening scene of the 2005 summer comedy, “Wedding Crashers”, where John Beckwith, played by Owen Wilson, and Jeremy Grey, played Vince Vaughn, serve as mediators in an acrimonious divorce between the equally recalcitrant Mrs. Kroeger, played by Rebecca De Mornay, and Mr. Kroeger, played by Dwight…
When it comes to questions regarding equitable distribution, the one that seemingly gets overlooked or underappreciated the most often is the question revolving around how to divide or distribute the marital liabilities or debts of the marriage. It is so much easier to comprehend and make distributions of the assets…
When a prospective client in a divorce matter comes in, often they have already been served with a Complaint for Divorce that has been filed by their spouse. Beyond discussing the substantive issues of their case, they will inquire about the Complaint itself, what it means, and the need to…
In the landmark case of Merenoff v. Merenoff, 76 N.J. 535 (1978), the New Jersey Supreme Court overturned the doctrine of interspousal immunity, which prevented one from suing one’s spouse for injuries proximately caused by the conduct of that spouse. Later, in the case of Tevis v. Tevis, 79 N.J. 422,(1979), the…
In any and all cases where a pension is to be equitably distributed between the parties, there are two questions that a family law practitioner must always consider: (1) How is the pension going to be valued and istributed; and (2) Are survivor benefits going to be elected for the non-pensioner spouse? …
Recently trial Judge L.R. Jones, J.S.C., an effective and prolific writer, explored the procedures to be followed when pursuing a default judgment. If a defendant does not file an answer or appearance within the thirty-five days after a divorce complaint is filed and lawfully served upon him or her, the…
The vast majority of divorce cases settle by way of an agreement reached between the parties. Only a small fraction of divorce cases are actually tried and decided by the court. Over recent years, the judicial system has encouraged the use of complimentary or alternative dispute resolution proceedings, including mediation…