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NBC News anchor Brian Williams’ purported false memories of being shot down in a helicopter with his news crew more than a decade ago in Iraq is being spoken of everywhere in American news this week. Williams, to the shock of many, did not respond to the revelation that his story was untrue with contrition and admission of the lie, nor did he seek true forgiveness for what was, to many, a failed attempt at self aggrandizement. Rather, Williams’ response was the much more surreal and perhaps less believable, “I don’t know how I got this wrong”. Continue reading ›

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Most people are aware that communications between a lawyer and client are generally considered to be confidential or “privileged” and may not be disclosed to anyone without their consent. The same is true in regards to discussions between a physician or psychologist and his/her patient. However, most people are not aware that communications between spouses (or partners in a civil union) enjoy the same type of “privilege’ and were generally protected from disclosure absent mutual consent. 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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8-03-3

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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The Appellate Division recently handed down a clear and unambiguous message to triall courts and litigators alike regarding custody disputes and how they should be handled procedurally, regardless of whether the case is pre- or post-judgment.  The case, entitled D.A. v. R.C., involved the biological parents of a fourteen (14) year old boy each seeking to be designated as the parent of primary residence approximately ten (10) years after entering into a consent order resolving all issues of custody between them.  Continue reading ›

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As the landscape of the “traditional family” continues to evolve, children are being born into multiple families requiring innovation in calculating child support obligations on behalf of children in these families. In  a previous blog entitled “Calculating Child Support for Multiple Families”, we outlined the procedure for properly calculating child support on behalf of children of multiple families pursuant to the Appellate Division decision in Harte v. Hand, 433 N.J Super. 457 (App. Div. 2013). Continue reading ›

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We all look forward to the holiday season. Traditions developed around holidays build a collective family memory that binds us together uniquely and permanently. We bring the traditions we learn in our childhoods into our marriages and incorporate them with our spouse’s traditions into a new hybrid tradition. We do this generation to generation creating traditions and cementing the family across generations. Continue reading ›

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Several blog posts have been written here by my colleagues with regard to the subject of domestic violence and the application of New Jersey’s Prevention of Domestic Violence Act to protect victims of domestic violence in New Jersey.  There are, however, other laws that attempt to protect victims of domestic violence.  For instance, in certain instances, not only may a domestic violence restraining order be obtained under the Prevention of Domestic Violence Act, but there are criminal laws in place that protect victims from violent activity such as assault, terroristic threats, harassment, et cetera.   What about federal protections? Continue reading ›

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Recently a divorce case made the news with screaming headlines such as “Ex-wife of US Oil Baron to appeal $1 Billion Divorce Award”. Yes, that was billion with a “B” . Intrigued, I was drawn to read how someone could not only receive such an award, but more importantly, on what basis someone would even want to challenge it, representing an amount far beyond most peoples’ wildest dreams. 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 ›