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The father asked to be the primary residential custodial parent. The judge found the motion premature, because he failed to abide by New Jersey divorce agreement, which provided that the parties must attempt to resolve any issues between themselves before seeking court intervention. Instead, the court directed the parties to attend parenting classes and to negotiate, failing which the case will be referred to mediation. Maiorisi, etc. v. Danella, New Jersey App. Div., April 29, 2005
In resolving their New Jersey divorce case, the parties are free to select alternative dispute resolution methods. One of those is arbitration, which can be "binding" or "appealable". If the latter, however, this case makes it clear that any appeal must first be to the trial court. The parties cannot by their agreement create a right of direct appeal to the Appellate Division. Weinstock, etc. et. al., v. Weinstock, etc., et al.,, ___N.J. Super.___ (App. Div. 2005); 2005 WL 954868; April 28, 2005.
After their New Jersey divorce was finalized, the parties had a dispute concerning parenting time with respect to their 3 children, a 14 year old son and twin daughters aged 12. The trial judge made certain rulings after the dispute could not be resolved. But those rulings were remanded for further findings, the most critical of which required the court to interview each of the three children. Frank v. Supardi, New Jersey App. Division, April 27, 2005
The father wanted to call his 11 year old son as a witness. He claimed that the boy was present and in a position to observe certain of the interactions between his parents. The trial court's ruling barring the child's testimony is affirmed and the father's claim that he was denied a fair hearing is rejected. Quick v. Quick, New Jersey App. Div., April 26, 2005.
The husband had not paid $12,000 toward the wife's counsel fees. To address this issue, the trial judge ruled that she would have a $12,000 lien on his interest in the former marital home to cover his obligation to pay her counsel fees. On appeal, the decision is affirmed and various defenses are rejected. Delle Donne v. Delle Donne, New Jersey App. Div., April 25, 2005
She claimed she lost her platinum diamond ring worth $85,000 while shopping in New York City. Although she complied with the insurance company requirement to appear for her deposition, she refused to produce certain documentation for that deposition, which led to her claim being denied. More than a year later, she filed her lawsuit. But her delay in bring her action prevented the insurance company from fully investigating the claim, which was therefore properly denied. Klotsman v. Great Northern Ins. Co., New Jersey Law Div ., April 22, 2005
Each year, many New Jersey divorce couples go into counseling in an effort to save their troubled relationships. But does marital therapy work? Not nearly as well as it should, researchers say. Two years after ending counseling, studies find, 25 percent of couples are worse off than they were when they started, and after four years, up to 38 percent are divorced. New York Times, April 21, 2005
Giants star Michael Strahan is asking a New Jersey divorce court to dismiss his wife's case. In papers filed this week, the defensive lineman denies his wife's charge that he had extramarital affairs with two women and asks Judge James Convery to dismiss his wife's counterclaim. Last month, Judge Thomas Zampino declined to grant a criminal restraining order against Strahan, but Judge Zampino did bar Strahan from entering the couple's New Jersey mansion. After that ruling, Judge Zampino, whom a longtime colleague described as "a huge sports fan," was taken off the case. It was given to Judge Convery in what a court spokesperson called "a routine transfer." But court sources said the move could have been made to avoid the appearance of impropriety. One noted, "You walk into his chambers, and the first thing you see is an entire wall of sports memorabilia - some of it from the Giants." New York Post, April 20, 2005
Even honeymooners can become embroiled in domestic violence. Here, the newlyweds hosted a Super Bowl party. The husband became drunk and got angry when his wife refused his romantic advances during the party . After everyone left, his anger escalated and he threw a pitcher of water at her, demeaned her, punched a hole in the bedroom door, ripped off closet molding, and picked up a DVD player and smashed it on the ground. When she attempted to leave, he tried to stop her, punched another hole in the door and got into his car and sped away when she said she would call the police. After the husband was arrested and charged with DWI, the trial court's finding of domestic violence is affirmed. Yorio v. Yorio, New Jersey App. Div., April 19, 2005
The parents signed a New Jersey divorce settlement agreement which stated that their child should attend the school with the highest quality of education in close proximity to the parties’ current residences. In considering the best interests of the child, it was proper to direct that the child be enrolled in the first grade of the Ramsey school system, as suggested by the mother, rather than the Allendale school system , the father's choice. Andersen v. Andersen, New Jersey App. Div. April 18, 2005
