Articles Posted in Uncategorized

|

Thomas Jefferson opined in his “Retirement Papers” that, “[G]overnment governs best that governs least”. It was a wise observation in the time of the patriots that established this great nation and has significant import today. We have just experienced our democracy in action as mid-term elections across this country registered a historically significant vote of no confidence in the direction of our country. Although this blog is dedicated to informing people on the status of Family Law in New Jersey, a momentary departure from that goal seems warranted to examine what lesson can be learned from the recent mid-term election results  that can be applied to a litigation strategy. After all, family law is the product of governmental action, and changes in government attitude and the public’s expectation of their government has a profound influence on the law. Continue reading ›

|

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 ›

|

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 ›

|

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 ›

|

In 2013 this firm addressed in this blog our State’s view on Palimony on three occasions. First, in “The State Of Palimony in the State of New Jersey“, Karen Willitts outlined the general law of palimony before and after the 2010 amendment to the “Statute of Frauds”, N.J.S.A. 25:1-5(h) which required palimony agreements to be in writing and the result of consultation with independent counsel to be binding agreements. Continue reading ›

|

This week New Jersey Governor Christie signed bill A845, which substantially reforms alimony law in the State of New Jersey.   One of the most significant changes to existing alimony statute, N.J.S.A. 2A:34-23(b), in this State is that the new law eliminates “permanent alimony” in New Jersey  and replaces with “open durational” alimony.   Now, in New Jersey a family court may award one of more of the following times of alimony:   open durational alimony, rehabilitative alimony, limited duration alimony or reimbursement alimony. Continue reading ›

|

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 ›

|

The attorneys in this office, including myself, have written various blog posts concerning domestic violence, restraining orders, and the like.  However, no time has been dedicated to the aftermath of restraining orders and the possible consequences associated with violating a restraining order, whether intentionally or unintentionally. As most people know, the purpose of a restraining order is to avoid future communication or contact between the parties.  Therefore, any communication or contact thereafter, while a restraining order remains active, is considered a contempt of that restraining order. Continue reading ›

|

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 ›

|

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 ›