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 a recently published opinion, dated February 19, 2014, the Appellate Division analyzed and reversed a trial court’s decision declining to exercise jurisdiction pursuant to New Jersey’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (commonly referred to as UCCJEA). In this particular case, designated S.B. v. G.M.B.,…
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…
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…
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…
Benjamin Franklin once wrote: “An investment in education pays the best interest.” That quote by one of America’s Founding Fathers continues to be etched into our national fabric of ideals. The attainment of a college degree or some other form of higher education has become the norm and not the exception in today’s society. Unfortunately, with the rise…
The process of deciding and moving towards a divorce is a vexing and stressful time for anyone. We ask our friends and families questions: some stupid, some obvious, others befuddling and perplexing about what we should do when our marriage is not going as we had hoped or planned. Should I…
Unraveling a family’s marital finances in a divorce can be daunting task. In all contested New Jersey divorce actions where there is any issue as to custody, support, alimony or equitable distribution, both parties are required to file with the court and serve on the other party a form known…
The decision to seek a divorce is often difficult and painful. There is uncertainty about your future and possibly your children’s futures, and you may likewise be uncertain about what the Family Court process actually entails with regard to getting a divorce. Described below is a very brief outline of the…