New Jersey Family Law

HARRINGTON PARK NEW JERSEY BERGEN COUNTY DIVORCE MEDIATION LAWYER

The ex-husband raised valid issues regarding the fairness of the proceedings below and the sufficiency of the evidence to support the New Jersey divorce judge's findings of domestic violence. Therefore, the matter is reversed and remanded for a new trial. While well intentioned, the judge erred in basing his finding of domestic violence upon acts or a course of conduct not even mentioned in the complaint. The record does not reveal what facts the court relied upon in finding that "terroristic threats" were made. Also, the court should not have considered the hearsay statements contained in the oldest daughter's diary.     Knox v. Knox, New Jersey App. Div., December 7, 2007

SECAUCUS NEW JERSEY HUDSON COUNTY DIVORCE MEDIATION LAWYER PRENUPTIAL AGREEMENT

The parties entered into a New Jersey prenuptial agreement. However, because it did not contain a monetary value for the assets listed, the New Jersey divorce judge held it was void as a matter of law. The parties then negotiated a New Jersey divorce agreement, which was placed on the record, with both testifying that they understood and voluntarily agreed to its terms. It was "clear" from the record that the ex-husband understood the terms of the agreement and he voluntarily agreed to them. Therefore, his appeal was dismissed as moot.    Capawana v. Capawana, New Jersey App. Div., December 6, 2007

WEEHAWKEN NEW JERSEY HUDSON COUNTY DIVORCE MEDIATION LAWYER

The New Jersey divorce judge emancipated the parties' son and denied the motion to reinstate the father's child support for their daughter. Because the father's obligation to provide child support for the son was not before the court, it reverses the order terminating that obligation. Further, because the court did not state the facts or reasons supporting its conclusion that there was no basis for reinstating child support for the daughter, the court also reverses and remands that portion of the order.     Woodland v. Collins, App. Div. December 5, 2007

WEST PATTERSON NEW JERSEY PASSAIC COUNTY DIVORCE COUNSEL FEES LAWYER

The appellate court reverses the New Jersey judgment of divorce which required the ex-husband to pay his ex-wife's counsel fees of $13,430. Though the New Jersey divorce judge discussed bad faith, he made no findings as to the parties' financial circumstances, their ability to pay their own fees or contribute to the fees of the other, or the extent of the fees incurred or any fees previously awarded. Given the size of the award, the failure of the court to engage in a complete analysis of the New Jersey Rule 5:3-5(c) factors requires that the award be vacated and remanded for further proceedings.      Goodheart v. Acharya, New Jersey App. Div., December 4, 2007

CEDAR GROVE NEW JERSEY ESSEX COUNTY DIVORCE SUPPORT ARREARS LAWYER

The court denies the ex-husband's current request for relief from an order entered in 1995, more than twelve years ago, compelling him to pay the ex-wife child support arrears. A 2005 audit by the Probation Dept. showed that the full sum was still owed, in addition to almost $5,000 in alimony, yet the defendant moved for relief, contending he paid the monies directly to plaintiff a decade earlier. The trial judge correctly found the relief request came far too late and was barred by the doctrine of laches.   Tegethoff, etc. v. Tegethoff, New Jersey App. Div., December 3, 2007