Wilentz, Goldman & Spitzer P.A.

90 Woodbridge Center Drive Suite 900 Box 10
Woodbridge, NJ 07095-0958, United States

  • 732.636.8000
  • 732.855.6117

2014 Wilentz Family Law Case Decisions

ALIMONY - Krupinski v. Krupinski, 437 N.J. Super. 159 (App. Div. 2014). Before Judges Fuentes, Fasciale, and Haas. Opinion by Judge Fuentes, P.J.A.D. Issue: Did the trial court err in denying Husband’s motion to…more
| Civil Procedure, Constitutional Law, Family Law

The New Jersey “Opportunity To Compete Act” Takes Effect On March 1, 2015 Restricting Employers From Inquiring Into Job Applicants’ Criminal Histories And Providing Civil Penalties For Violations – Is Your Company Prepared?

On March 1, 2015, New Jersey’s “Opportunity to Compete Act” (“OTCA”) takes effect. As explained in the legislative findings section of the OTCA, it is the intent of the OTCA to remove obstacles impeding employment opportunities…more
| Civil Rights, Labor & Employment Law

Impact of Cohabitation on Alimony in New Jersey

Since the Enactment of the new Alimony Statute was signed into law on September 10, 2014, many clients have called to explore its impact on existing alimony awards and cohabitation in New Jersey. While it is clear that the new…more
| Family Law

The Parole Board’s Difficult Decision – Whether to Release Someone Who Has Been Convicted of a Serious or Violent Crime

While the Parole Board consists of Members who act in good faith, who try to do the right thing, there is a natural human reluctance to parole an individual who has been convicted of a serious and/or violent crime. It is up to…more
| Criminal Law

How to Succeed at the Time of Parole Consideration – Managing the Record Before the Parole Board

Without proper guidance an individual who should be paroled may end up serving a longer sentence. Too often individuals expect that their initial eligibility date is the date they will be released and to the grave…more
| Criminal Law

NJ Assembly Passes Crime-Fraud Exception to Spousal Privilege

On December 15, 2014, the NJ Assembly passed legislation that would create a crime-fraud exception to the spousal privilege. The measure, A-3636, was a response to the decision in State v. Terry. In the case, a married couple…more
| Civil Procedure, Criminal Law, Family Law

Divorced Parents Ordered to Pay Daughter’s College Tuition

Some have remarked that New Jersey’s law goes further than any other state in requiring divorced parents to contribute towards their children’s college education, and here is why. Early in 2014, Caitlyn Ricci, 21 years old, sued…more
| Education, Family Law

Judge’s Custody Decision Set Aside for Failure to Follow Court Rules and Procedures

A custody dispute was decided by a judge without a full plenary hearing. No testimony or cross-examination of the parties or other witnesses was conducted. The judge’s decision in D.A. v. R.C. to keep the status quo custody…more
| Civil Procedure, Family Law

Can Attorneys be Held Liable for Damages to the Adverse Client?

On October 9, 2014, the New Jersey Supreme Court announced that it would hear the case of Innes v. Marzano-Lesnevich. The case deals with the interesting question of whether attorneys can be held liable for damages to…more
| Civil Procedure, Civil Remedies, Family Law, Professional Malpractice

The Time For Establishing a Parole Plan is NOW

The issue of parole is an area that few consider or plan for after having been sentenced to a prison term. Parole is not guaranteed. Any individual sentenced to a prison term should be considering parole issues, if not a…more
| Criminal Law

Proposed New Jersey Legislation Seeks to Protect Privacy Interests in Motor Vehicle’s “Black Box” Data

In past investigations into automobile collisions, drivers often faced little challenge to their claims that they adhered to speed limits but somehow lost control of the car, that they applied their brakes but could not slow…more
| Constitutional Law, Criminal Law, Privacy

Drive on a Suspended License Following a Conviction for Drunk Driving? Do not Pass Go…. Go Directly to Jail… Do not even think about rehab!

In prior blog posts New Law Mandates Video Cameras in Police Vehicles and Mandatory Jail Under New Driving While Suspended Statue, we discussed changes in the law governing suspended drivers. This article expands that…more
| Criminal Law

Counseling Licensors on the Steps They Can Take to Avoid Creating a Franchise Relationship

Tracy Mark, who has registered her company’s brand name as a mark with the U.S. Patent and Trademark Office, is successfully promoting her company’s products and services and now would like to leverage the market appeal of her…more
| Commercial Law & Contracts, Franchise Law, Intellectual Property

Does your company have a Pandemic Coordinator and/or Team to ensure that its employees/business are protected in times of emergency? It should.

The U.S. Department of Health and Human Services (HHS) recommends that employers be prepared in advance to deal with the unique workplace issues which arise in the event of a pandemic. The issues extend well beyond whether…more
| Labor & Employment Law, Health

Will an Alimony Award Terminate if the Recipient Cohabitates?

On September 22, 2014, the New Jersey Supreme Court declared to hear the case of Quinn v. Quinn. In the case, the couple was married for twenty-three years until they divorced in 2006. The Husband agreed to pay the Wife…more
| Family Law
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