New Jersey Family Law

NEW JERSEY ADULTERY

His widow [his second wife, 28 years younger] sued his Estate, claiming that his sons from his prior marriage used "undue influence" to induce their father to make a new will in their favor, depriving her thereby. She sought to set aside the new will and admit a prior will in her favor. The children counterclaimed, alleging misappropriation through her misuse of a power of attorney and improper transfer of his assets. The children wanted discovery of her prior divorce and a purported adulterous affair. The court holds that her cell phone records must be produced, specifically with respect to an individual with whom plaintiff allegedly had an affair. Evidence of decedent's knowledge of his wife's infidelity may be evidential as it relates to his wishes to change his will.   In Re Estate of Fenton,  New Jersey Chancery Div., September 13, 2005

She Said, He Said

Rumors of the demise of "fault" grounds for divorce in New Jersey may be premature. In this case, the husband accused the wife of having an affair with a co-worker. In her counterclaim, the wife accused the husband of engaging in internet sex and pursuing relationships with the women he met online. The trial judge sustained both causes of action and was affirmed on appeal.

Guzzo v. Guzzo, New Jersey App. Div., May 31, 2005

Finding Fault

In a 65-page decision from our Supreme Court with 3 different opinions, New Jersey divorce lawyers have finally been told how fault [such as adultery] plays a role in determining alimony. From now on, marital fault is supposed to be irrelevant to alimony, with two exceptions : when fault negatively affects the economic status of the parties and when fault so violates societal norms that continuing the economic bonds between the parties would confound notions of simple justice. Fault is also supposed to be irrelevant in a counsel fee award. Mani v. Mani, ___N.J.___ (2005); 2005 WL 767004; April 6, 2005

Adultery In The Board Room

The sudden ouster of its chief executive for questionable behavior leaves Boeing Co. facing several short-term challenges in both defense contracting and its commercial airplane business. The shocking announcement was that Harry Stonecipher had been sent back into retirement for exercising ``poor judgment'' when he had an affair with a female executive at the company. The New York Times, March 8, 2005

Marital Infidelity

Is marital "dirty linen" only laundered in divorce court? As jury selection got under way this week in the criminal prosecution against ex-WorldCom CEO Bernard Ebbers, the defense won an initial round when the trial judge granted a motion to allow inquiry into the "marital infidelity" of Scott Sullivan, who used to be WorldCom's CFO and is now the prosecution's star witness. The judge agreed with the theory that Sullivan's credibility is now in issue and that allowing "adultery" testimony is relevant to test that credibility. January 24, 2005

http://money.cnn.com/2005/01/18/news/newsmakers/ebbers_trial.reut/

Losing Big

There are 8 grounds for a New Jersey divorce. One of those grounds is adultery. In this case, the husband pleaded and proved a cause of action for divorce against the wife based on adultery. Moreover, she admitted it. Nevertheless, the trial court granted the divorce on an alternate ground for divorce, based on the parties' 18 months of continuous separation ["no fault"]. At the same time, the husband also lost his claims for (a) child support (b) alimony and (c) equitable distribution, in receiving only 20% of the wife's business. Other than getting divorced, it's difficult to see what else he achieved. Brooks, Jr. v. Brooks, New Jersey App. Div., January 19, 2005