In Mills v. Mills, 447 N.J. Super. 79 (Ch. Div. 2016), the family court was confronted with the issue of whether the defendant (payor spouse) should receive a reduction in his alimony obligation upon the loss of long-term employment and his subsequent hire at a new job – at a significantly lower salary. Continue reading ›
New Jersey Supreme Court Addresses Warrantless Searches and Seizures of Evidence in Domestic Violence Cases
It is well cited the significant extent that domestic violence is in this State and in this country. It has also been in the news over the course of the last year or more the danger that police officers and the need for them to protect themselves on the job. How do we balance the need for officer protection, and the public interest in domestic violence victims, with citizens’ Constitutional rights? Continue reading ›
Avoid Marital Strife and Potential Domestic Violence Over Election Disagreements at the Thanksgiving Table This Year
This is the year of miracles or nightmares depending on your perception of the world. The Cubs won the World Series, England voted to exit the European Union and Donald Trump was elected President. In America there might be some heavy debate over the Cubs, less over England, but Trump! Trump and the related topic of Hillary and the downfall of America are hot topics of which everyone is an expert. The truth is our Union will survive even a sub par-Presidency; look at Jimmy Carter. Continue reading ›
Can I do that? (Part 1)
During the initial stages of a divorce action, whether at an initial client conference or early on in the process, I am invariably asked by a client whether they can or can’t do certain things in regards to aspects of their financial or personal affairs. Since many clients ask the same sorts of questions, I thought it made sense to write a blog post addressing some of the more commonly asked questions. I will highlight two or three of these questions in a series of blog posts over the next several months. Continue reading ›
War of the Roses: A Look at Rock Star’s Claim That He Was Never Married to His Spouse of 15 Years
I was recently perusing a periodical and came across a story about a celebrity musician who was claiming he was never married to his wife of 15 years because of a known snafu in her earlier divorce paperwork. The headline stated “Slash claims he was never married to wife of 15 years”. (http://www.metro.us/entertainment/slash-claims-he-was-never-married-to-wife-of-15-years/zsJpjE—wsgif5AIi7dW6/). For those of you who don’t know, Slash, who’s legal name Saul Hudson (which better calls to mind the fictional character Saul Goodman of “Breaking Bad” and “Better Call Saul”), is the prolific lead guitarist of the recently reformed rock group Guns N’ Roses. Continue reading ›
New Jersey Appellate Division Further Clarifies Standard for Issuing Domestic Violence Restraining Orders
In a recently published decision by New Jersey’s Appellate Division in the matter of AMC v. PB, the appellate court overturned a trial court decision which denied a petitioner’s request for a Final Restraining Order (FRO). The trial judge found that a FRO was not necessary because the Plaintiff had “failed to establish even a mere likelihood that the parties would continue to interact in the future” or that Defendant posed a threat to her. Continue reading ›
Divorce is No Laughing Matter – For Children
A new situation comedy is about to premier on HBO simply titled “Divorce” starring Sarah Jessica Parker, who also serves as an executive producer. We all know that divorce is a serious, life-altering event. Like many situation comedies that find humor in dysfunctional marriages or family situations, it is understandable why television would want to extend those notions to the divorce arena. While litigants may not see the humor of it, many times we as lawyers, looking at it from the outside, shake our head in disbelief of the types of things that otherwise good and reasonable people will do or say to try to get back at, or get one over on, their spouse, a person they used to love but now despise. Continue reading ›
Divorcing Spouses Need to Be Realistic About Potential Outcomes
As a divorce lawyer people come to me for advice. Of course they do; I am a Counselor at Law. My role is to advise, and I take that role seriously. The advice I try to give, most of the time, is factual law driven and considerate of outcomes that would be most likely to occur at a trial. I often tell my clients and potential clients that my role is explain the law and its possible affect on their lives . My advice is not usually given with the intent to change the law. Continue reading ›
New Jersey Supreme Court Addresses Limited Role of Family Court in Immigration Matters
The Presidential election is about a month away, and one of the major issues of this election has been immigration. Immigration is regulated under federal law, chiefly under the Immigration and
Nationality Act (INA), enacted by the U.S. Congress in 1952, and the Immigration Reform and Control Act (IRCA), which was passed by the U.S. Congress in 1986 in an effort to curb illegal immigration. The U.S. Supreme Court has has almost universally overruled any state’s efforts to regulate immigration, not only based upon the Supremacy Clause of the U.S. Constitution, but also to ensure a national standard on immigration rather than various patchwork laws by the individual states. Family law, however, is an area that falls into the control of the individual state’s authority to legislate and govern. Continue reading ›
Fight Club: What You Can Learn From Angelina Jolie’s and Brad Pitt’s Long Term Relationship With Short Marriage
On September 20, 2016, the Internet was buzzing with reports of Angelina Jolie-Pitt filing for divorce from her long time partner of twelve years and husband of two years, Brad Pitt. The demise of Angelina Jolie-Pitt’s and Brad Pitt’s two year marriage raises questions about the division of their assets in divorce. “The couple have six children together–and more than half a billion dollars worth in cumulative earnings,” according to Forbes.com. “Since their marriage in 2014, the duo have earned a combined $117.5 million before taxes and fees, per Forbes’ estimates. Continue reading ›