New Jersey Family Law

FORT LEE TENAFLY HACKENSACK EMERSON BERGEN COUNTY NJ DIVORCE SPOUSAL WIRETAP EMAIL

Putting an auto-forward on your spouse's email account when you suspect cheating can violate the federal Wiretapping and Electronic Surveillance Act.     Epstein v. Epstein, United States Court of Appeals, 7th Circuit, December 28, 2016

CARLSTADT ALPINE WOOD-RIDGE EMERSON BERGEN COUNTY NJ DOMESTIC VIOLENCE CRIMINAL

The criminal conviction of the defendant for domestic violence is reversed, even though he admittedly used graphically violent language and imagery concerning his wife on Facebook. Proof of actual intent to harm was lacking.      Elonis v. United States, United States Supreme Court, June 1, 2015; 730 F. 3d. 321, reversed 
and remanded

SUMMIT SPRINGFIELD WESTFIELD CRANFORD UNION COUNTY NJ DIVORCE MEDIATION LAWYER

Under recently introduced pending legislation, the privilege against testifying against one's spouse in a criminal action would not apply, whenever the proposed witness had knowledge of the crime prior to the marriage.       New Jersey Senate Bill # 1989, May 12, 2014

TAX FRAUD BANKRUPTCY FRAUD BANK LOAD FRAUD CRIMINAL INDICTMENT MORRIS COUNTY NJ ATTORNEY

Teresa Giudice, 41, and her husband, Giuseppe "Joe" Giudice, 43, both of Towaco, New Jersey, were charged with conspiracy to commit mail and wire fraud, bank fraud, making false statements on loan applications and bankruptcy fraud in a 39-count indictment returned today by a federal grand jury. The indictment also charges Joe Giudice with failure to file tax returns for tax years 2004 through 2008, during which time he allegedly earned nearly $1 million.     United States of America v. Giuseppe Giudice aka Joe Giudice and Teresa Giudice, United States District Court of New Jersey, July 21, 2013

MURRAY HILL MOUNTAINSIDE SUMMIT SPRINGFIELD UNION COUNTY NJ DIVORCE ELECTRONIC MONITORING BRACELET MEDIATION

The Family Law Section of the New Jersey Bar Association opposes proposed legislation mandating electronic monitoring of certain domestic violence offenders. As proposed, the monitoring would not require conviction of a predicate offense, but rather could be based on a mere arrest.    New Jersey Assembly Bill A-321, July 11, 2013

WALDWICK ALLENDALE MAYWOOD MOONACHIE BERGEN COUNTY NJ DIVORCE TAXATION LAWYER MEDIATOR ARBITRATION

If a New Jersey divorce judge hears testimony as to materially false income tax filings, this must be reported to the IRS, the County Prosecutor and/or the Attorney General.    Fitzgerald v. Duff, New Jersey App. Div., June 7, 2013

SEX BY IMPERSONATION NEW JERSEY MEDIATION MATRIMONIAL ARBITRATION ATTORNEY

A man enters the dark bedroom of an unmarried woman after seeing her boyfriend leave late at night, and has sexual intercourse with her while pretending to be the boyfriend. Has the man committed rape? Because of historical anomalies in the law and the statutory definition of rape, the answer is no, even though, if the woman had been married and the man had impersonated her husband, the answer would be yes.        People v. Morales, California Court of Appeal, January 2, 2013

LINDSAY LOHAN : CELEBRITY NEWS

Lindsay Lohan, 26, was arrested in the early morning hours for allegedly assaulting a woman at a New York club. According to police sources, Lohan will likely be charged with third-degree assault for punching the woman in the face. After being issued a desk appearance ticket and a court date, Lohan rushed out of the police station using a coat to shield her face.       New York Daily News, November 14, 2012

UNREPORTED INCOME TAX FRAUD CRIMINAL DIVORCE JERSEY CITY SECAUCUS HOBOKEN KEARNY HUDSON COUNTY NJ MATRIMONIAL ATTORNEY

In New Jersey matrimonial cases, the disclosure of unreported income subjects both parties to being reported to the IRS and attendant criminal prosecution.       Bice v. Bice, New Jersey App. Div., October 13, 2012

DIVORCE THEFT EMBEZZLE ROXBURY BOONTON NETCONG MORRISTOWN MORRIS COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION

The wife was found to have stolen and embezzled from the jointly owned/operated New Jersey family business. In the subsequent New Jersey divorce, this may warrant a denial of her otherwise valid claim for alimony.         Clark v. Clark, New Jersey App. Div., October 10, 2012