New Jersey Family Law

WESTFIELD UNION COUNTY NEW JERSEY DIVORCE MEDIATOR LAWYER

 The wife testified to various acts of violence by the husband, including being slammed against a wall, screaming in her ear, punching her in the stomach, and putting a gun to her face. Although she produced medical records of treatment by her physician, the wife offered no medical expert. The husband denied causing her injuries. At the close of evidence, the judge found that plaintiff failed to "causally link any abusive behavior or misconduct with any particular injury" sustained as a result of defendant's conduct, and dismissed the claim. On appeal, absent the requisite medical proof as to the nature, origin and cause of the injuries, dismissal of the Tevis claim was proper.   Miller v. Miller, New Jersey App. Div., April 29, 2009

LEONIA BERGEN COUNTY NEW JERSEY DIVORCE INHERITANCE GIFTS IMMUNITY LAWYER

The wife received various gifts from her father and then a $200,000 inheritance from him. Because she did not comingle these with marital assets, they remained immune from equitable distribution in this New Jersey divorce, and therefore did not have to be shared with the husband. These rulings are now affirmed on appeal.   Jovic v. Jovic, New Jersey App. Div., April 28, 2009

MENDHAM MORRIS COUNTY NEW JERSEY DIVORCE LAWYER

In their New Jersey divorce agreement, the husband agreed to pay the wife more than $21,000 of interest, as a result of his prior failure to pay $780,000 in equitable distribution. On appeal, however, the court agreed with the husband that the New Jersey divorce judge made a "new agreement" for the parties, not originally set forth in their contract. Accordingly, the ruling was reversed.     Catto v. Catto, New Jersey App. Div., April 27, 2009

 

NEW PROVIDENCE UNION COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION

The parties' 18 year old son is a senior in High School. He does not have immediate plans to attend college. Because of this, it was premature to compel financial disclosure at this time, particularly since it is presently unknown whether he will rquire financial support for college expenses from either parent.     Simon v. King, New Jersey App. Div., April 23, 2009

 

SECAUCUS HUDSON COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

The wife claimed the husband dissipated marital assets. Because the New Jersey divorce judge did not analyze the evidence in accordance with Kothari v. Kothari, the panel reconsiders and modifies the award of equitable distribution. However, the award of permanent, rather than rehabilitative, alimony is affirmed. There was no abuse of discretion in the finding that wife is at or near her earning capacity but cannot meet her needs.    Kabir v. Kabir, New Jersey App. Div., April 21, 2009

HACKENSACK BERGEN COUNTY NEW JERSEY DIVORCE JUDGE DISQUALIFICATION CONFLICT

Former Hackensack Bergen County New Jersey divorce Judge Edward Torack should have disqualified himself, because he had acrimonious litigation against his former partner, William Smith, attorney for the wife. The wife had an objectively reasonable belief she could not receive a fair and unbiased hearing. A new trial is required. But the new trial judge may assess attorney's fees based on Smith's failure to advise Torack he might move for recusal.   Chandok v. Chandok, New Jersey App. Div., April 19, 2009

DENVILLE MORRIS COUNTY NEW JERSEY DIVORCE MEDIATOR

The daughter is 15. After an argument, the mother bit the daughter on the leg. The New Jersey divorce judge ruled the daughter has the option of whether she wants to exercise visitation with the mother. In addition, the judge decided it was unnecessary to interview the child in chambers. These orders are affirmed on appeal.  D.W. v. P.W., New Jersey App. Div., April 18, 2009

SHORT HILLS ESSEX COUNTY NEW JERSEY ALIMONY MODIFICATION MEDIATION

This lawyer's partner committed suicide. That's when he learned the deceased partner embezzled client trust funds. Then, he received a bank demand for immediate payment of $149,000 to cover an overdraft. This was followed by his insurance carrier disclaiming coverage. Next, he was sued for $450,000 for moneys stolen by the deceased partner. Further, he then learned the bookkeeper had wrongfully used client trust funds to pay law firm expenses. His annual income dropped from $300,000 to $132,000. Nevertheless, his motion to modify his alimony payments was denied by the New Jersey divorce judge. This ruling is now affirmed on appeal.   Norych v. Norych, New Jersey App. Div. April 17, 2009 

BERKELEY HEIGHTS UNION COUNTY NEW JERSEY DIVORCE LAWYER

Parents who abuse, abandon, neglect or cause the death of their children will be ineligible for alimony and for inheritances from their children's estates, under a new New Jersey statute, just enacted into law and effective July 1, 2009.  N.J.S.A. 2A:34-23; N.J.S.A. 3B:5-4; N.J.S.A. 34:15-21

MORRISTOWN MORRIS COUNTY NEW JERSEY DIVORCE LAWYER

After the New Jersey divorce, the ex-husband tried to modify the New Jersey divorce agreement. This motion was denied and is now affirmed on appeal. The husband never claimed the agreement was unfair or unreasonable. Thus, the New Jersey divorce judge did not err in denying the application without an evidentiary hearing.    Morin v. Morin, New Jersey App. Div., April 13, 2009