Articles Tagged with divorce

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Although I can recall having heard about similar stories in the past, a recent news story caught my eye in which a Lakewood, New Jersey couple had been sentenced in a plot to extort a divorce. They, along with others, were accused of involvement in a scheme involving the kidnap and/or assault of husbands in an effort to force them to agree to give their wives a Jewish divorce, or Get. Although in our practice, we deal with “civil” as opposed to “religious” divorces, the inter-relationship of the two occasionally comes up. The subject of this blog post is to briefly address how the family courts of this State have dealt with these sorts of issues, and some practical considerations of how to deal with them so as to avoid the extreme situation noted above. Continue reading ›

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Over the Christmas holiday I came across a news story detailing a New Hampshire couple’s unsuccessful joint attempt to vacate their 2014 divorce decree on the ground of their reconciliation. In affirming the lower court decision denying their request, the New Hampshire Supreme Court in the case of In the Matter of Terrie Harmon and Thomas McCarron, 2015 WL 7747720 (No. 2015 – 0273; Opinion Issued Dec 3, 2015) held that the family court lacked statutory authority to vacate a decree of divorce upon the joint request of reconciled parties absent a showing of fraud, undue influence, deceit, misrepresentation or mutual mistake. In effect, the Court made clear that simply changing your minds and no longer wanting to be divorced, even if both parties agree, is not a legally valid basis to undo a Final Judgment of Divorce in the absence of an express statutory authorization permitting same. While generally the focus of my practice is getting people divorced, not “un-divorced”, this case made me consider how a New Jersey court might address this or similar issue. Continue reading ›

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Recent matters in the news this month have had me thinking about the intersection of religion and law.   Earlier this month, Rowan County Kentucky clerk, Kim Davis, was jailed for contempt because she refused to issue marriage licenses to same sex couples despite the June, 2015 decision of the U.S. Supreme Court which decided that states cannot ban same sex couples from marrying.   Ms. Davis, an elected official, indicated that she could not sign marriages licenses in which her name appeared without violating her conscience and her Christian religion. Continue reading ›

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One of the more difficult decisions that face many of us in our lifetimes is the decision to stay married or to divorce.  Sometimes the decision as to whether to end a marriage is not left to us; our partner may choose to end the marriage and choice is no longer a factor. Many times, however, the question of divorce is mutually discussed without a firm commitment from either side. 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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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 ›

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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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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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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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When a prospective client in a divorce matter comes in, often they have already been served with a Complaint for Divorce that has been filed by their spouse.  Beyond discussing the substantive issues of their case, they will inquire about the Complaint itself, what it means, and the need to respond to it.  Back in the “good old days”, unless the parties had already been separated for 18 months, a Complaint for Divorce had to allege some sort of “fault” as the grounds for the divorce, i.e. extreme cruelty, adultery or desertion being among the most common. Continue reading ›