Approximately one year ago, my colleague wrote a blog post raising awareness and spreading concern about how the communications and content found on one’s social media could potentially be used against them in a variety of ways in Court. It is no big surprise that with the explosion of social media and the countless ways individuals can communicate in an ever evolving world of technology that those communications are being monitored for potential use in litigation. Continue reading ›
Judicial Conduct and Judicial Law Clerks
Every year the judiciary receives hundreds of clerkship applications from hopeful law students. Clerkships are highly coveted because they generally set an aspiring lawyer’s career on a fruitful path. A law clerk provides assistance to a judge in researching issues before the Court and in writing opinions. Continue reading ›
How Do I Find the Right Divorce Lawyer For Me?
Most people have limited contact with lawyers. The average American is not likely to cross a lawyer’s path other than when buying a house, settling a loved one’s estate or contesting a traffic ticket. Meeting a divorce lawyer for the first time is often a difficult and emotional process. Questions swirl in your mind as you try to make sense of the process and seek to learn how it all works. You need to make a lot of important and life altering decisions during a divorce proceeding. To make those decisions you need good information about the law, your rights and what you can expect. You also need to decide if you will be represented by an attorney and who that attorney will be. Continue reading ›
NOT SO FAST II: THE BATTLE OVER THE ENFORCEABILITY OF ORAL PALIMONY AGREEMENTS CONTINUES
Almost 2 years ago I wrote a series of blogs discussing the viability of palimony claims in the State of New Jersey in light of a January, 2010 Amendment to the Statute of Frauds (N.J.S.A. 25:1-5(h)), requiring that for any promise by one party in a non-marital personal relationship to provide support to the other person to be enforceable, that promise had to be both in writing and made with independent advice of counsel for each of the parties. In one of my previous blog posts: “TO MARRY OR NOT TO MARRY – IS THERE STILL A QUESTION?”, Continue reading ›
What is the Correlation Between and Consequence of Premarital Cohabitation and Divorce?
When it comes to romantic couples “living together”, attitudes have changed from what they were a few decades ago. The negative stigma attached to couples cohabiting outside of marriage has waned and fewer people view unmarried couples who live together as inappropriate or immoral. In fact, many couples view “living together” as a way to live without marriage, as part of dating, as a means to reduce expenses or as a useful step or “test run” so to speak in the road towards marriage. Continue reading ›
Domestic Violence in New Jersey – The Burden of Proof and What Constitutes a Dating Relationship
At a domestic violence trial, the burden rests upon plaintiff to show that it is more likely than not that the defendant is guilty of committing the predicate act contained in the plaintiff’s domestic violence complaint. Continue reading ›
One Set of Twins, Two Fathers Confirms New Jersey Superior Court Judge
A recent trial court decision by the Honorable Sohail Mohammed, J.S.C., from the Superior Court of New Jersey in Passaic County, is making headlines for its precedent setting nature combined with the “scratch your head” intrigue certain headlines provide. More specifically, Judge Mohammed recently made a ruling that a man believed to be the father of two twin girls was actually only the father of one of the girls and, therefore, was only required to pay for child support that one child. In fact, this is the first paternity case of its kind in the State of New Jersey (and thus a matter of first impression) and only the third of its kind in the entire nation. Continue reading ›
Sorry Dad, Girls Just Want to Have Fun: New Jersey Superior Court Judge Rules That Mother Was Right To Bring Daughter to Rock and Roll Concert
Parental disagreements as to a child’s upbringing are probably about as old as humankind. Nowhere are these conflicts more prevalent than in today’s modern society where children are bombarded with content from the internet, television, phones and computers. Parents often disagree on what content is appropriate and inappropriate for their child to see and hear. Rock and Roll has been a controversial subject dating back to the 1950s and remains one today. While the burnings of records of the “Devil’s Music” are no longer taking place on Main Streets across America, many parents still struggle with the idea that the content of the music of the pop stars that their young children idolize is not age appropriate for their child. The concept is nothing new and can become further complicated when the parents are divorced. Continue reading ›
How Even an Accusation of Domestic Violence Can Impact Fundamental Rights
Our Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et. seq., is designed to afford victims of domestic violence comprehensive protections. Although the fundamental goal of our domestic violence statute is to protect victims, there are certain penalties and loss of freedoms that the perpetrator faces in the process. One of the most compelling loss of freedoms associated with the domestic violence statute is the seizure of firearms that occurs with the service on a defendant of a domestic violence restraining order. If convicted of domestic violence, a defendant must forfeit his/her firearms and the right to buy any firearm in the future. Continue reading ›
Til Death Due Us Part: Overview of Estate Considerations in Divorce
During the initial stages of a divorce action, I am often asked by the client whether they should change their Will to eliminate their spouse as a beneficiary, executor, etc thereunder. The last thing they want is for their dreaded, estranged spouse to get their estate and/or from being in charge of their affairs should they die before the divorce is finalized. Continue reading ›