New Jersey Family Law

SHORT HILLS ESSEX COUNTY DIVORCE ATTORNEY MEDIATOR FEES

This case demonstrates not only the New Jersey divorce judge's power to award counsel fees in a New Jersey divorce action, but also is an example of how the Appellate Division can also assess attorney fees and costs for appellate issues. It also shows how the Appellate Division can exercise its original jurisdiction to modify that portion of the appellate expenses associated with strictly matrimonial matters.   Lester v. Lester, New Jersey App. Div., November 24, 2009

DEMAREST BERGEN COUNTY NEW JERSEY DIVORCE MEDIATOR LAWYER

The New Jersey Administrative Office of the Courts has clarified confidentiality with regard to certain mandatory filings in New Jersey divorce actions. They pertain to Rule 1:38 -- Family Part Records --(1) Non-Redaction of Confidential Personal Identifiers from Confidential Court Records; and (2) Continued Confidentiality of Family CIS Appended to a Non-Confidential Document.  Notice to The Bar, November 23, 2009

MURRAY HILL UNION COUNTY NEW JERSEY DIVORCE MEDIATOR LAWYER

The New Jersey divorce judge ordered the mother to pay her share of the older son's college tuition. Finding the Probation Department erred in calculating her college expense obligation (assuming it ended when the son was declared emancipated), the case is remanded for a supplemental audit.   Gonzalez v. Valentine, New Jersey App. Div., November 20, 2009

　

　

CRESSKILL BERGEN COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

New York has declined to recognize "social abandonment" as a ground for divorce. The wife argued that her husband's refusal to eat meals with her, celebrate holidays together or attend family functions should be recognized as a form of abandonment. While the court expressed sympathy, it still affirmed dismissal of her divorce complaint.    Davis v. Davis, N.Y. App. Div., November 19, 2009

MORRISTOWN MORRIS COUNTY NEW JERSEY DIVORCE LAWYER ALIMONY

The New Jersey divorce judge's extension of the limited-duration alimony [LDA] term was mistaken. The matter is remanded for full consideration of the continuing need for LDA, or its modification, applying the standard of N.J.S.A. 2A:34-23. This statute provides that the term of LDA shall not be modified except in "unusual circumstances." Although defendant's changed circumstances might meet the Lepis v. Lepis standard to warrant a reduction in the quantum of alimony, it falls short of the heightened statutory standard required to expand its durational term. Gonzalez-Posse v. Ricciardulli,    N.J. Super.  (App. Div. 2009); New Jersey App. Div., November 18, 2009

SECAUCUS HUDSON COUNTY NEW JERSEY PALIMONY MEDIATOR

She sued him for palimony, based on their living together for over 10 years and having 2 children together. The case went to trial, at the end of which the judge threw out all her palimony related claims. The judge ruled she had not proven an underlying promise by him of "lifetime support", which is the indispensable requirement of a palimony claim. These findings are affirmed on appeal. Dukes v. Fritz, New Jersey App. Div., November 17, 2009

　

SOUTH ORANGE ESSEX COUNTY NEW JERSEY DIVORCE MEDIATION ATTORNEY

Even though the World Series is over, baseball is still headline news. The buzz is about divorce filings by Frank and Jamie McCourt, whose marital assets include the Los Angeles Dodgers. Their allegations include : she's a lawyer, but didn't know what she was doing when she signed their prenup; their assets exceed $1.2 billion dollars; his claim that she's having an affair with her chauffeur; and her claimed lifestyle expenses, greater than the combined salaries of players Matt Kemp, James Loney, Clayton Kershaw, Jonathan Broxton and Chad Billingsley.    McCourt v. McCourt, November 16, 2009

WEEHAWKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATOR ATTORNEY

Although the New Jersey divorce judge was correct in finding a net credit of $36,062.38, it was error to order the credit to be paid from a joint escrow account. Rather, the account should first have been divided equally and then the credit should have been paid from plaintiff's share.   Czuchnicki v. Czuchnicki, New Jersey App. Div., November 12, 2009

BERKELEY HEIGHTS UNION COUNTY NEW JERSEY ALIMONY DIVORCE MEDIATOR LAWYER

The ex-husband appeals from the denial of his motion to terminate alimony. But the facts presented do not justify this relief. The ex-wife's increased income is still less than the alimony. Further, the failure to impute additional income to her was not error, because she is only working part-time.    Donet v. Donet, New Jersey App. Div. November 11, 2009

GILLETTE MORRIS COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER ALIMONY

Shaquille O'Neal's wife is splitting up with the Cleveland Cavaliers center. Va'Shaundya O'Neal filed for divorce Monday, citing irreconcilable differences, and seeks spousal and child support with custody of the couple's 4 children. "Obviously, this is a difficult time for our family and we request that the media respect our privacy," Shaquille O'Neal said in a statement released by the team Tuesday night. The O'Neals were married 6 years, 11 months. O'Neal is a 15-time All-Star center with 4 NBA titles with the Los Angeles Lakers and Miami Heat. He was traded from the Phoenix Suns to the Cavaliers in June. Associated Press, November 10, 2009