divorce

New Jersey Appellate Division Case Upholding Award of Negligent Infliction of Emotional Stress Damages Illustrative As to the Issue of Marital Torts

April 12, 2014 | The Law Office of James P. Yudes, P.C.

In the landmark case of Merenoff v. Merenoff, 76 N.J. 535 (1978), the New Jersey Supreme Court overturned the doctrine of interspousal immunity, which prevented one from suing one’s spouse for injuries proximately caused by the conduct of that spouse. Later, in the case of Tevis v. Tevis, 79 N.J. 422,(1979), the Supreme Court held that “that the abolition of the doctrine [of interspousal immunity] pertained to tortious conduct generally encompassing not only conventional negligence but also intentional acts, as well as other forms of intentional behavior such as gross negligence, recklessness, wantonness, and the like.” The law on interspousal torts further was developed in the case of Giovine v. Giovine, 284 N.J.Super. 3, 13 (App.Div. 1995), where the Appellate Division recognized the right of a spouse to sue the other spouse under the tort of intentional infliction of emotional distress where the measure of damages was not dependent upon physical injury to the plaintiff, but could be established through competent evidence showing the perpetrator’s’s outrageous or otherwise actionable conduct. Continue reading ›

New Jersey Appellate Division Further Examines the Issue of Inconvenient Forums in Custody Cases

February 28, 2014 | Daniel A. Burton, Esq.

In a recently published opinion, dated February 19, 2014, the Appellate Division analyzed and reversed a trial court’s decision declining to exercise jurisdiction pursuant to New Jersey’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (commonly referred to as UCCJEA). In this particular case, designated S.B. v. G.M.B., the trial court made a determination to decline jurisdiction, in favor of the courts of Ontario, Canada, despite the fact that this relief was not specifically requested by either party. Continue reading ›

Entry of Default Judgment Requires Fairness in New Jersey

February 19, 2014 | James P. Yudes, Esq.

Recently trial Judge L.R. Jones, J.S.C., an effective and prolific writer, explored the procedures to be followed when pursuing a default judgment. If a defendant does not file an answer or appearance within the thirty-five days after a divorce complaint is filed and lawfully served upon him or her, the plaintiff may file a request to enter default. Continue reading ›

The ESP Process in New Jersey Divorce Cases – a Call for Uniformity

February 14, 2014 | Kevin M. Mazza, Esq.

The vast majority of divorce cases settle by way of an agreement reached between the parties. Only a small fraction of divorce cases are actually tried and decided by the court. Continue reading ›

New Jersey Supreme Court Clarifies the Standard to Determine Whether Transfers of Property Between Family Members Are Gifts

February 2, 2014 | The Law Office of James P. Yudes, P.C.

It is well settled in New Jersey that when there is a question of whether a transfer of property was a gift or not, “Proof of gift requires evidence of unequivocal donative intent on the donor’s part, actual or symbolic delivery of the gift’s subject matter, and the donor’s absolute and irrevocable relinquishment of ownership.” Continue reading ›

To Divorce or Not to Divorce: Mid-Marriage Agreements May Answer The Question

October 5, 2013 | James P. Yudes, Esq.

One of the more confounding issues facing people on the brink of divorce is the wisdom of pulling back and giving an unhealthy but possibly salvageable marriage a second chance. The uncertainty may be the concern of one or both partners. It may related to the catalyst for the divorce decision or concerns about trying again when substantial resources may have already been expended getting ready for the divorce. Continue reading ›

Back to School – Now Who Pays? Factors to Determine How a Child’s Higher Education Expenses are Paid by Divorced Parents

September 13, 2013 | The Law Office of James P. Yudes, P.C.

Benjamin Franklin once wrote: “An investment in education pays the best interest.” That quote by one of America’s Founding Fathers continues to be etched into our national fabric of ideals. The attainment of a college degree or some other form of higher education has become the norm and not the exception in today’s society. Continue reading ›

Getting Started With a New Jersey Divorce

June 20, 2013 | James P. Yudes, Esq.

The process of deciding and moving towards a divorce is a vexing and stressful time for anyone. We ask our friends and families questions: some stupid, some obvious, others befuddling and perplexing about what we should do when our marriage is not going as we had hoped or planned. Continue reading ›

CSI: New Jersey Divorce

June 13, 2013 | Kevin M. Mazza, Esq.

Unraveling a family’s marital finances in a divorce can be daunting task. In all contested New Jersey divorce actions where there is any issue as to custody, support, alimony or equitable distribution, both parties are required to file with the court and serve on the other party a form known as a Case Information Statement, commonly referred to as a “CIS”. However many mistakenly refer to this form as a “CSI” Continue reading ›

The Matrimonial Litigation Process in New Jersey – In a Nutshell

June 7, 2013 | Karen T. Willitts, Esq.

The decision to seek a divorce is often difficult and painful. There is uncertainty about your future and possibly your children’s futures, and you may likewise be uncertain about what the Family Court process actually entails with regard to getting a divorce. Described below is a very brief outline of the matrimonial litigation process:

1. The Complaint for Divorce