Articles Posted in Divorce

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One of the more difficult decisions that face many of us in our lifetimes is the decision to stay married or to divorce.  Sometimes the decision as to whether to end a marriage is not left to us; our partner may choose to end the marriage and choice is no longer a factor. Many times, however, the question of divorce is mutually discussed without a firm commitment from either side. Continue reading ›

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For the casual fan like myself, there are periods during the year where the sports landscape is rather barren. The time we are now in between the Super Bowl and March Madness is one such period. Similarly, there are periods where the family law landscape can seem rather barren as well, during which the courts’ issuing of decisions and/or the Legislature’s passing of laws seems to reduce to a trickle.   Continue reading ›

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The New Jersey Appellate Division this week published the case of Elrom v. Elrom, in which the Husband appealed the provision in the parties’ divorce judgment where the trial court imputed income to the parties for purposes of determining the amount of alimony and child support the Husband had to pay to his former Wife.  The Wife in this case was an attorney licensed to practice in New York and New Jersey.   Continue reading ›

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The Appellate Division this past week approved another decision by family court judge, Hon. Lawrence R. Jones, J.S.C., this time in the matter of Groh-v-Groh, which was decided back in March, 2014.  The parties in this case are a same sex couple who entered into a civil union in 2008, which they wished to end by 2014.   With the advice of independent matrimonial counsel, they entered into a written settlement agreement of their issues, and submitted a dual judgment of dissolution that would end their civil union on the grounds of irreconcilable differences.   Continue reading ›

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On January 12th 2015, the Appellate Division published its opinion in the case of Costa v. Costa.  In Costa, the parties were married in 1994 and divorced in 2006.  They had two children together, one being born in 1997 and the other in 2000.  By way of settlement agreement entered into at the time of the divorce, the parties agreed the mother would be the primary residential custodian and that they would share joint legal custody of the children. Continue reading ›

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Many in today’s society would view the court’s treatment of dogs and other pets as merely property to be equitably distributed in the breakup of relationship as antiquated, given the increasing role that pets are play in today’s society. A common scenario playing out in relationships across the Garden State today is that many couples begin to cohabit and soon after get a dog or another pet to raise together.  Those of us on social media regularly see pictures posted of couples and their dogs in which they are categorized as their “baby” or loved one.  Couples spend significant time in researching which pet to purchase or rescue from the shelter.   They spend significant time and money on training and caring for an animal that many consider to be a member of the family. Continue reading ›

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Prolific jurist, Honorable Lawrence R. Jones, J.S.C. in the family part in Ocean County, New Jersey, issued another published decision in the matter of J.C. v. M.C., decided on November 6, 2014.  This time, Judge Jones addressed the obligation of a plaintiff seeking a divorce to make a “diligent inquiry” as to the defendant’s whereabouts in order to serve a complaint for divorce when there is an active domestic violence restraining order against the plaintiff. Judge Jones’ decision gave priority to the right of a domestic violence victim to confidentiality of his or her location. Continue reading ›

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On occasion someone will ask me about the possibility of a way to end a marital relationship short of a divorce.  for instance ,is there a way to legally or formally separate?  In New Jersey, married couples do separate, but there is not a law providing for a formal, legal separation per se.   New Jersey, however, does have a provision for a “limited divorce”, which is called a “divorce from bed and board”, which is the State ‘s closest version of legal separation, as opposed to an “absolute divorce”, which permanently ends the marriage, and is what most of us think of when we hear the term “divorce”. Continue reading ›

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1409593_gavel_3On September 2, 2014, the New Jersey Appellate Division published an opinion in the case of Krupinski v. Krupinski, reversing the trial court’s decision denying Mr. Krupinski’s motion to terminate alimony, and directing the trial court on remand to provide for an exchange of discovery and the possibility of an evidentiary hearing. The basis for Mr. Krupinski’s application was that his former spouse, from whom he was divorced in 1990, was receiving a large portion of this teacher’s pension through a Qualified Domestic Relations Order (QDRO). Continue reading ›

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On July 28, 2014, the New Jersey Appellate Division approved for publication the case of R.K. v. F.K. (Docket No. A-4165-11T4), which further clarified the issue of how courts in New Jersey are to determine applications to modify existing custody and parenting time arrangements.   In August, 2007 the wife obtained a temporary restraining order (TRO) against her husband, citing harassment. The parties had been married since 2001 and had three young children together.  That month, the family court issued a Final Restraining Order (FRO) and gave the wife temporary custody of the children.  The husband was ordered to attend anger management classes, and he was given parenting time on Wednesdays, Saturdays and Sundays.  Continue reading ›