New Jersey Family Law

RAMSEY BERGEN COUNTY NEW JERSEY DIVORCE CUSTODY MEDIATION ARBITRATION ATTORNEY

The 5 year New Jersey-Brazil Goldman custody litigation may be nearing an end. An appellate court decided yesterday Sean Goldman, 9, should be returned to his father, David Goldman, a New Jersey resident, within 48 hours.     Associated Press, December 17, 2009

HACKENSACK BERGEN COUNTY NEW JERSEY DIVORCE CUSTODY CRIMINAL INTERFERENCE

The trial for a woman who hid her daughter in Spain amid a custody battle with her ex-husband began yesterday, the latest in an international dispute baffling divorce attorneys, judges and diplomats. "This is not a custody case," the Prosecutor told jurors as the trial of Maria Jose Carrascosa opened in Hackensack, New Jersey. "This is a criminal case." Carrascosa, the daughter of a wealthy Spanish businessman, faces up to 10 years in prison on the charge of "interference with custody." She has been held at the Bergen County Jail for more than 3 years for violating a family court order requiring her to return the child to Bergen County. Her incarceration has not produced results, as Carrascosa remained defiant. "If God chose me to die in jail to protect my child, then I will have to do that," she said.     Bergen Record, November 4, 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

MILLBURN ESSEX COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

The Uniform Interstate Family Support Act supersedes the parties' New Jersey divorce property-settlement agreement forum-selection clause regarding alimony modification. Therefore, New Jersey retains continuing exclusive jurisdiction.    Pek v. Prots, New Jersey Ch. Div. July 27, 2009

MONTCLAIR PRENUPTIAL AGREEMENT ESSEX COUNTY MEDIATION LAWYER DIVORCE

They entered into a prenuptial agreement. 15 years later, they were getting divorced. But because they were no longer in New Jersey and were residing in Bermuda, where the bulk of the assets were located, the New Jersey divorce judge dismissed the case for lack of jurisdiction.     Wheaton v. Wheaton, New Jersey App. Div., July 2, 2009

　

LEONIA BERGEN COUNTY NEW JERSEY DIVORCE ATTORNEY MEDIATION

The New Jersey divorce judge correctly denied plaintiff’s attempt to obtain a second divorce in New Jersey and ordered that the divorce she had already obtained in the Dominican Republic be registered here. Under principles of comity, the trial court properly did not attempt to divide the assets owned by the parties in the Dominican Republic since litigation regarding their jointly owned property, in which they were participating and were represented by counsel, was ongoing there. The matter is remanded for explanation or reevaluation of the child support award because of a lack of factual findings.    Dominguez v. Munoz, New Jersey App. Div., December 22, 2008

HAWTHORNE PASSAIC COUNTY NEW JERSEY DIVORCE MEDIATOR

The Appellate Division determines that the UCCJEA governs defendant’s application for a change of custody to him and that under that law, Georgia, not New Jersey, has subject matter jurisdiction over the issue of custody. Therefore, the New Jersey order granting defendant custody of the child is reversed and his petition for custody is dismissed. Hinton-Lynch v. Horton, New Jersey App. Div., October 16, 2008

ROSELAND ESSEX COUNTY NEW JERSEY DIVORCE JURISDICTION LAWYER

The ex-wife wanted the New Jersey divorce court to set aside her Pennsylvania divorce decree. She claimed the Pennsylvania divorce decree should not receive full faith and credit because neither she nor plaintiff lived in Pennsylvania when the complaint was filed. But this claim was properly rejected because all the necessary pleadings were duly and properly served and filed; the New Jersey divorce judge's factual findings are amply supported by the record and affirmed. Osorio v. Gonzalez, New Jersey App. Div., October 10, 2008

GUTTENBERG HUDSON COUNTY NEW JERSEY CHILD SUPPORT LAWYER MEDIATION

The mother appealed the dismissal of her complaint for lack of jurisdiction. She was seeking enforcement of a 1991 Florida child support order pursuant to the Uniform Interstate Family Support Act. Although Florida no longer has exclusive continuing jurisdiction to modify the orders because neither parent nor their son resides in Florida, New Jersey also lacks such jurisdiction under UIFSA. That is because Section 611 of UIFSA has an 'anti-hometown' rule which requires the obligee [the mother] to go to the obligor's [the father] state for modification. Therefore, the New Jersey divorce judge ruled correctly concluded that the mother must register and seek modification of the order in the father's home state of Texas. Page v. Till, New Jersey App. Div., August 22, 2008

MAPLEWOOD ESSEX COUNTY NEW JERSEY DIVORCE JURISDICTION LAWYER

Defendant’s former residence in New Jersey and his continued parenting contacts with his children who continue to reside here – attending his son’s college graduation here and his phone and mail contacts - are sufficient to subject him to in personam jurisdiction here. Therefore, the trial court order requiring him to pay child support in an amount to be calculated using the New Jersey Child Support Guidelines is affirmed.    Getman v. Getman, New Jersey App. Div., June 2, 2008