In today's day and age, it is easy for anyone to install a hidden camera in a home setting for the purposes of monitoring their children or their spouse's activities and to listen in on their conversations. It happens everyday and in some of those settings, it can...
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Due Process Rights of Litigants in Domestic Violence Matters & the Need for Proper Representation
In a recent NJ Appellate Court decision (J.F. v. L.F.), the Appellate Court reversed the trial court’s entry of a domestic violence final restraining order in favor of a son against his mother. Son filed a domestic violence complaint against his mother, claiming that...
3 potential problems same-sex divorcees may face
Divorce is often riddled with complications for any divorcing couple. Add kids and high-value assets to the table and the risks climb. However, many might argue that same-sex couples face the greatest risks of all. One of the main reasons for this, particularly with...
Recapturing Dissipated Marital Assets for Purposes of Equitable Distribution
In New Jersey, a spouse’s actual “dissipation” of marital property is a relevant factor to be considered when dividing the marital estate, pursuant to N.J.S.A §2A:34-23.1(i), which says: “The contribution of each party to the acquisition, dissipation, preservation,...
How to Wield the “Sword of Damocles” to Ensure Compliance with the Terms of Your Marital Settlement Agreement
The recent New Jersey Appellate Division decision in Holtham v. Lucas, 2019 N.J. Super. LEXIS 109 (App. Div. 2019), is important because it acknowledges the use and validity of “penalty provisions” in divorce and post-divorce agreements to ensure a party’s compliance...
Termination of Alimony based on “Cohabitation” under NJ’s “new” Alimony Reform Act – a balancing act between dating and cohabitating for alimony termination purposes.
A Superior Court Judge in Morristown must decide that issue in the case of a Mendham Township man who is seeking to terminate his alimony obligation to his former wife. She lives in a separate house in Mendham Township and has a boyfriend, who she says lives...
Common Ways Spouses Hide Assets During a Divorce ( Ouch!)
No one wants to believe that their spouse is capable of something as sneaky, unethical, and potentially illegal as hiding assets, which are or which could be divided in a divorce.... But some actually do exactly that. Here are several of the most common tactics used:...
What Not to Do in a Custody Battle in the New Jersey Family Court
Unfortunately, it happens. Sometimes parents are unable to agree upon where their children should primarily reside (or which parent their children should live with) when they have separated or have filed for divorce. Sometimes, both sides feel that their children...
Residential Custody awarded to 3 parents in New Jersey Court Ruling
A New Jersey family court judge recently awarded residential custody to three people-the biological father( Darren), his same-sex spouse( Sam), and the biological mother ( Kitty). After 19 days of trial, Ocean County Superior Court Judge Stephanie Wauters issued a 67...
Issuance of a Domestic Violence Final Restraining Order under New Jersey Law
Under NJ family law, the issuance of a Domestic Violence Final Restraining Order does not require physical violence nor even the threat of physical violence. In NJ, there are 14 separate criminal type actions that can give rise to the filing of a domestic violence...
