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…
Articles Posted in Other Family Actions
New Jersey Governor Signs a New Law Allowing Adoptees More Information About Their Biological Families
For more than three decades a debate has been waged in New Jersey on the adoption front over the extent to which adoptees can access their birth records and uncover information about their biological parents. In 1940, New Jersey began sealing adoption records. In 1977, New Jersey allowed the records to be…
Does a New Jersey Court Have to Provide Counsel and Experts to Litigants Who Do Not Pay Court Ordered Support Before Incarcerating Them?
Most times, when courts award alimony and child support the Payors comply with their court ordered support obligations. In some instances, unfortunately, compliance with such orders wains and the issue of enforcement of court ordered support obligations must be addressed by the Court. New Jersey Court Rule 1:10-3 provides a vehicle…
New Jersey Appellate Division Case Upholding Award of Negligent Infliction of Emotional Stress Damages Illustrative As to the Issue of Marital Torts
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…
New Jersey Court Allows a Mother to Bar the Child’s Putative Father From the Delivery Room
In a November, 2013 decision published on March 10th of this year, in what appears to be the first decision of its kind not only in New Jersey but in the United States, a Superior Court judge in the matter of Plotnick v. Delucca held that an expectant mother is not required to notify…
The Rachel Canning Case: Can Married Parents Be Forced to Pay College Expenses the Way that Divorced Parents May Be Obligated?
United States Supreme Court Justice Sandra Day O’Connor wrote on behalf of the Court in the case of Troxel v. Granville, 530 U.S. 57 (2000), that “the interest of parents in the care, custody, and control of their children — is perhaps the oldest of the fundamental liberty interests recognized…
Further Discussion Regarding Grandparent Visitation in New Jersey
Prophetically, Karen Willitts in her blog on January 3, 2014 entitled “Grandparent Visitation in New Jersey”, discussed the state of our law as it relates to the rights of grandparents to seek visitation with their grandchildren pursuant to New Jersey statute, N.J.S.A. 9:2-7.1. In her well- researched blog, Karen pointed…
Not So Fast: The Obituary of Palimony’s Demise May Be Premature
Only several months ago I wrote a blog discussing the then state-of-the-law in New Jersey in regards to palimony and the ability of unmarried cohabitants to enforce unwritten promises of support. I noted that the recent Appellate Division case of Maeker v. Ross, 430 N.J. Super 79 (App. Div. 2013),…
To Divorce or Not to Divorce: Mid-Marriage Agreements May Answer The Question
One of the more confounding issues facing people on the brink of divorce is the wisdom of pulling back and giving an unhealthy but possibly salvageable marriage a second chance. The uncertainty may be the concern of one or both partners. It may related to the catalyst for the divorce…
Engagement Rings: Conditional Gifts and the Family Court
As a divorce attorney, I deal primarily with the ending of marital relationships some time subsequent to the marriage. However, it is not uncommon for parties that are engaged to marry one another, fully intending on getting married, to have second thoughts and decide to call it off for any number of…