New Jersey Family Law

MILLBURN ESSEX COUNTY NEW JERSEY DIVORCE ATTORNEY

The husband appealed from the New Jersey divorce judgment, claiming (a) error regarding equitable distribution and (b) a binding settlement had been reached between the parties. Although the appellate court rejects the settlement claim, the case is remanded for reassessment of the equitable distribution award. The husband's request to have the New Jersey divorce judge recused based on alleged bias is denied.    Amir v. Amir, New Jersey App. Div., August 24, 2009

TENAFLY BERGEN COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

The husband filed a New Jersey divorce complaint and sought equitable distribution of the marital assets and counsel fees. By leave granted, the wife appealed from the denial of her motion to dismiss that complaint, claiming he is not a bona fide resident of New Jersey and she has no contacts with New Jersey. The New Jersey divorce judge's decision is reversed and the wife's position is sustained. The mere presence of various financial institutions where marital accounts were maintained was an insufficient jurisdictional basis.  Boghosian v. Boghosian, New Jersey App. Div., August 19, 2009

ENGLEWOOD CLIFFS BERGEN COUNTY NEW JERSEY DIVORCE ATTORNEY MEDIATION TRUSTS

The trust and the trustees appealed from the New Jersey divorce judge's ruling that $50,000 of the trust's funds be turned over to the County Probation Services Division toward defendant's support arrears. Because (a) the funds belong to the trust, not to defendant, who is only a lifetime beneficiary; (b) the trust is maintained in Florida and has no contacts with New Jersey and (c) the trust is subject to Florida law, which recognizes the validity of spendthrift trusts and provides that where, as here, the disbursements are wholly within the trustees' discretion, it was error to order trust disbursements. The trial court improperly exercised quasi in rem jurisdiction over the assets of the trust.   Lerman v. Lerman, New Jersey App. Div., August 11, 2009

JERSEY CITY HUDSON COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION

Breaking up is hard to do in a recession. The number of new divorce cases filed in New Jersey during the first 6 months of 2009 fell 9 % compared with 2008. Family law experts say the 28,579 cases reflect economic uncertainty. Meanwhile, the number of divorce cases reopened as former spouses seek to revise alimony increased 6 percent in the first six months of the year. Officials say some Garden State couples are staying together until real estate and stock portfolios rebound. Others are mediating their differences outside of court to limit the cost of breaking up.   The Associated Press, August 10, 2009

SPRINGFIELD UNION COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

Now, there's one more reason why New Jersey mediation trumps New Jersey litigation. Starting September 1, 2009, some evidence admitted in New Jersey courts and specifically defined as "open for public inspection" in the state's new guidelines will be available for viewing by members of the public.  Newark Star Ledger, August 7, 2009

FLORHAM PARK MORRIS COUNTY NEW JERSEY DIVORCE ALIMONY MEDIATION LAWYER

The New Jersey divorce judge awarded both permanent and rehabilitative alimony in this 15 year marriage. The ex-wife argued that the amounts of alimony were too low, too little income was imputed to the ex-husband and too much income was imputed to her. Although his earning capacity is affirmed on appeal, the income imputed to her is vacated because it was not supported by the evidence. The case is remanded for further proceedings.  Mathias v. Mathias, New Jersey App. Div. August 6, 2009

LIVINGSTON ESSEX COUNTY NEW JERSEY DIVORCE ATTORNEY MEDIATION

They're separated. A divorce action is pending. Wife moves out of the marital home, which is in both names. Husband changes the locks. Then, while he's away on vacation, she hires a locksmith, enters the house and removes various items. Although she's arrested for burglary and trespass, the charges are later dropped and no criminal prosecution ensues. When she sues for false arrest, the case is ultimately dismissed : the arresting officer had probable cause.  Finigan v. Marshall, F. 3d.    (2d. Cir. 2009); August 5, 2009

CRESSKILL BERGEN COUNTY NEW JERSEY CHILD SUPPORT MODIFICATION LAWYER MEDIATION

"This case involves the interpretation of a September 1, 1998 amendment to N.J.S.A. 2A:17-56.9a which has never before been addressed in a published opinion...Applying the 1998 amendment to N.J.S.A. 2A:17-56.9a and Rule 5:6B to the case at hand, defendant's request for a modification of child support based upon the passage of three years since the time of the entry of current child support order will not be considered."   Martin v. Martin, ___ N.J. Super.___ (Law Div. 2009); New Jersey Law Div., August 4, 2009

JERSEY CITY HUDSON COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION

They obtained their New Jersey divorce judgment in 1992. Thereafter, the ex-husband moved to terminate alimony and an order to that effect was entered in 2007. Although the ex-wife claimed she was never served with the underlying motion papers, the New Jersey divorce judge denied her application to set aside this order. Moreover, the court's file in the matter was lost and could not be located. Based on the foregoing and the lack of the requisite Case Information Statements, the judge is reversed and the order terminating alimony is vacated. Federow n/k/a Nekrasov, New Jersey App. Div., August 3, 2009