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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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Prolific jurist, Honorable Lawrence R. Jones, J.S.C. in the family part in Ocean County, New Jersey, issued another published decision in the matter of J.C. v. M.C., decided on November 6, 2014.  This time, Judge Jones addressed the obligation of a plaintiff seeking a divorce to make a “diligent inquiry” as to the defendant’s whereabouts in order to serve a complaint for divorce when there is an active domestic violence restraining order against the plaintiff. Judge Jones’ decision gave priority to the right of a domestic violence victim to confidentiality of his or her location. Continue reading ›

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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 ›

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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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file000421021206In yet another recently published decision, in Madison v. Davis decided on June 18, 2014, the Honorable Lawrence R. Jones, J.S.C., sitting in the Family Division of Ocean County, tackled a novel issue related to the rights and obligations of divorced parents when their child(ren) attend pre-school.  Throughout the decision, Judge Jones’ primary focus was placed on reconciling the competing interests addressed in cases such as Pascale v. Pascale, 140 N.J. 583 (1995) and Beck (Beck v. Beck, 86 N.J. 480 (1981), neither of which specifically discusses preschool. 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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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 ›

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Months ago when NFL running back Ray Rice was accused of domestic abuse and a video surfaced purportedly showing him dragging his then fiancee unconscious from an Atlantic City casino elevator, it was the prevailing view of most that Mr. Rice had knocked her out during some sort of altercation on that elevator. Indeed, Mr. Rice was charged with aggravated assault as a result of this incident. Continue reading ›

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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 ›