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NJ Supreme Court Rules Pre-2010 Oral Palimony Agreements Enforceable

The New Jersey Supreme Court declared yesterday in Maeker v. Ross that any oral promises to provide lifetime support that were made prior to 2010 are actionable. In 2010, the New Jersey Legislature amended the Statute of...more

9/26/2014 - Palimony Statute of Frauds

Family Collaborative Law Act Signed by Governor Christie

In addition to signing the alimony bill into law, Governor Christie also signed the Family Collaborative Law Act on Wednesday, September 10th. The Act had been unanimously passed by the Senate in late June before it arrived...more

9/16/2014 - Alimony Divorce

What Happens If You Default in Your Divorce Proceedings?

In an interesting case, Clementi v. Clementi, Wife petitioned the court for sole ownership of the mortgage free marital home, estimated at $200,000, when her Husband failed to respond to her divorce complaint which resulted...more

9/8/2014 - Default Default Judgment Divorce Marital Home

Divorce from Bed and Board Prolongs Name Change Process

In Leggio v. Leggio, a New Jersey court determined that in a judgment of divorce from bed and board, a person seeking a name change must submit their application under the requirements of the general name change statute...more

8/13/2014 - Civil Unions Divorce

Communications Between Spouses: Are They Privileged When Wiretapped?

The New Jersey Supreme Court decided that a couple’s private communications remain protected under the marital communication privilege pursuant to N.J.R.E. 509 despite those communications being wiretapped by State...more

7/29/2014 - Criminal Conspiracy Illegal Drugs Marital Communications Privilege Wiretapping

Collaborative Divorce Act Passes Senate

In a follow up story to one of our earlier blogs, New Jersey’s Collaborative Law Act passed the Senate unanimously on June 26, 2014. New Jersey will be the eighth state to have enacted collaborative divorce legislation once...more

7/1/2014 - Collaborative Divorce Divorce New Legislation

New Jersey Law Allows Adoptees Access to Birth Certificates

On Tuesday, May 27, 2014, Governor Chris Christie signed a bill into law that allows adoptees access to their original birth certificates effective January 1, 2017. Under the amended law, N.J.S.A. 26:8-40.1, adoptees will be...more

6/11/2014 - Adopted Children Adoption Birth Certificates

Collaborative Divorce: A Peaceful and Less Expensive Alternative to Litigation

On Thursday, June 5, 2014, a collaborative divorce bill, which would allow couples to resolve their divorces through legal counsel trained in collaborative methods instead of traditional in-court litigation, was passed by the...more

6/11/2014 - Divorce

When Is My Child Emancipated?

The question of when your child is emancipated is extremely fact sensitive. As an example of this, the Appellate Division recently released an unpublished opinion Rybak-Petrolle v. Karcz. In that case the parties had a 21...more

5/7/2014 - Divorce Emancipation Minors Non-Judicial Settlement Agreements Unpublished Opinions

Guaranteed Employment and Relocation: Is It Time to Reexamine New Jersey’s Baures Standard?

In the recent decision of Benjamin v. Benjamin, the court held that it is not a mandatory prerequisite for a parent to have a guaranteed job to prevail in a relocation application. Rather, the court must evaluate whether...more

12/5/2013 - Burden of Proof Child Custody Good Faith Relocation

Governor Christie Signs Bill Strengthening the Enforceability of Premarital Agreements

Governor Chris Christie has signed a bill that amends both N.J.S.A § 37:2-38 and N.J.S.A § 37:2-32 to strengthen the enforceability of premarital agreements....more

7/5/2013 - Chris Christie Divorce Marriage New Legislation Prenuptial Agreements Unconscionable Contracts

Are you a Federal Employee? Do you have life insurance? Read this!

When you got divorced, did you remember to update your life insurance beneficiary? If not, and if you are a federal employee, your ex-spouse may have a claim to that money if you were to die without changing it, even if your...more

6/6/2013 - Decedent Protection Federal Employees Life Insurance Marital Assets Surviving Spouse

Can an Expectant Mother who is the Victim of Domestic Violence Obtain a Restraining Order on Behalf of her Unborn Child?

A seventeen year old girl who was brutally beaten by four individuals in an attempt to terminate her pregnancy has scored a legal victory for her unborn child....more

5/22/2013

Who’s your Daddy? Factors Used for Applications for Genetic Testing for Paternity

After caring for a child he thought was his own for 15 years (including making child support payments!), a plaintiff claimed that he was blindsided when a family friend came forward and admitted that he had taken a DNA test...more

4/11/2013 - Genetic Testing Paternity Rebuttable Presumptions

Alimony Bill Proposing to Overhaul New Jersey’s Alimony Laws

Assembly Bill Number 3909 was introduced on March 7, 2013 seeking to overhaul the State’s long established alimony laws. Among other things, the proposed bill eliminates permanent alimony entirely. ...more

3/19/2013 - Alimony Divorce

Collaborative Divorce – A New Alternative

A new and increasingly more popular alternative to a traditional litigated divorce is a process called Collaborative Divorce. Couples who choose this process agree not to go to Court until they have a signed settlement...more

11/21/2012 - Collaborative Divorce Divorce

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