In previous blogs I have written on the actions taken by the New Jersey Legislature to move forward with alimony reform. In February, the Assembly Judiciary Committee approved a measure calling for an eleven person panel to study the need for and make suggestions with regard to such alimony reform. …
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…
Last week, we addressed the concept of how a gift or transfer of property to one or both spouses may be treated in a divorce. But what occurs if one of the spouses transfers marital money or marital property to a person or entity outside of the marriage? How does…
It is well settled in New Jersey that when there is a question of whether a transfer of property was a gift or not, “Proof of gift requires evidence of unequivocal donative intent on the donor’s part, actual or symbolic delivery of the gift’s subject matter, and the donor’s absolute and…
Back on January 24, 2013, exactly one year ago today, the Appellate Division delivered a published opinion with regard to the issue of an indigent defendant’s right to counsel, or lack thereof, in a domestic violence setting. D.N. v K.M., 429 N.J. Super. 592 (App. Div. 2013). Nearly one (1) full year after the…
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…
One of the most difficult – and most divisive – aspects of a divorce case is where there is a bona fide dispute between the parties as to what the custody and parenting time arrangements should be for their minor children. Frequently, a client will insist that the children be…
As stated by the New Jersey Supreme Court, “The emotional attachments between grandparents and grandchildren have been described as unique in that the relationship is exempt from the psycho-emotional intensity and responsibility that exists in parent/child relationships. The love, nurturance, and acceptance which grandchildren have found in the grandparent/grandchild relationship …
On December 18, 2013 the New Jersey Appellate Division published an opinion in the matter of Harte v. Hand. In the opinion, the Appellate Division addressed the issue of how to properly calculate child support on behalf of children of multiple families. In this matter, the defendant/father has three children, each with different mothers. The…
Way back in May of this year, I wrote the initial post for this blog concerning the protection of an unborn child of the victim of domestic violence based upon the published decision, B.C. v. T.G., penned by the Honorable Lawrence R. Jones, J.S.C., from the Chancery Division – Family Part in…