Articles Posted in Other Family Actions

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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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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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OLYMPUS DIGITAL CAMERAIn a recent published decision from the Appellate Division, L.T. v. F.M., the Court differentiated between the standards of proof associated with an domestic violence action in the Family Part and a civil action in the Law Division.  The primary issue presented and resolved in this decision was the issue of whether the defendant was collaterally estopped from arguing in the Law Division action that he did not assault the plaintiff after the plaintiff successfully obtained a Final Restraining Order in the domestic violence action in the family court.  Continue reading ›

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A recent story on the Internet deemed newsworthy enough to go international and even be reported on various radio and TV outlets prompted me to revisit the issue of how the law deals with disputes involving “engagement rings”. In an earlier blog, Engagement Rings: Conditional Gifts and the Family Court, my colleague at this firm, Daniel A. Burton, Esq provided an overview of how the courts here in the State of New Jersey deal with engagement rings, particularly in the context of what happens when the parties break up before the marriage takes place. 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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Governor Chris Christie signed into law the New Jersey Collaborative Law Act (the “Act”) on September 10, 2014. The intent of the legislation is to provide uniformity in collaborative law throughout the State in family law disputes. Collaborative law affords parties a way to resolve family law disputes without intervention of the courts. The parties work with a team of professionals to reach a settlement agreement. Continue reading ›

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The Family Court handles divergent case types. Although most people think the issues handled by Family Part judges relate to divorce, the reach of the family court is far broader. Many of the controversies resolved by the court deal with issues regarding children including Juvenile matters and matters involving abuse and neglect. Whether embedded in a divorce or presented to the court as an independent action, there are no more important issues faced by a Family Part chancellor than child-centered issues. The Division of Child Protection and Permanency, formally known as The Division of Youth and Family Services, is charged under our law with protecting children and supervising those custodians whose action causes concern. Certainly the mandate of the Division is to keep families united, but often the Division takes custody of children and places them outside their home if it is determined that the child is endangered in the household. The Division by mandate responds to reports of abuse received from known responsible sources as well as anonymously reported instances of abuse or neglect. Continue reading ›

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The news board lit-up this week with the story of Rachel Canning, age 18, the teenager who earlier this year sued her parents for child support and college expenses, filing a domestic violence complaint and obtaining a temporary restraining order against her 18 year old boyfriend, the boy whom her parents wanted her to stop seeing.  (http://www.dailyrecord.com/story/news/local/2014/07/22/teen-sued-parents-gets-restraining-order-boyfriend/12984967/)  Continue reading ›

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In representing a divorce client, one’s inquiry and representation is primarily focused in the major issues in controversy such as the custody of minor children, alimony and child support, the equitable distribution property, and payment of professional fees. Indeed, these are important and crucial issues. However, in the heat of battle, smaller side issues could have a tendency to get lost. The recently published case of Leggio v. Leggio served as a reminder of one of those issues, namely a spouse’s ability to effectuate a change of name incident to a divorce. Continue reading ›

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On August 6, 2014, the Appellate Division published the decision in KAF v. DLM., in which the Court clarified the standard that family courts are to apply when considering applications by a third party seeking custody and/or visitation and claims that he or she is a “psychological parent” to a child who already has fit and involved legal parent(s). Continue reading ›