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Manalapan, NJ Family Law & Divorce Law Blog

Wednesday, August 9, 2017

What is Family Law?


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Tuesday, August 8, 2017

Child Relocation – What is the Standard?


In a  Decision – Bisbing v Bisbing  (a New Jersey Supreme Court Decision) >>   the Court Held:

 

The New Jersey Supreme Court determined that the Standard is “Best Interests” when there is shared legal custody.

In place of the Baures standard, courts should conduct a best interests analysis to determine “cause” under N.J.S.A.
Read more . . .


Sunday, August 6, 2017

Divorce Agreement – Settlement Discussions

In a  Decision – Six v Six  (an "Unreported Decision") >>   the Court Held:

 

The Appellate Division determined that the Motion Court’s resort to the Settlement Discussions was proper so as to determine that the items included in the Divorce were/were not intended to be items included as part of the Divorce.

The court did not use the evidence of prior proposed settlements to prove liability or amount of a disputed claim, but rather to rebut the allegation of a mutual mistake.


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Friday, August 4, 2017

Alimony – Responsibility of Dependent Spouse to Work


In a  Decision – Moodie v. Moodie  (an "Unreported Decision") >>   the Court Held:

 

The Appellate  Division determined that the termination of Alimony and Life Insurance was warranted when the Wife, pursuant to the Divorce Agreement, failed to make meaningful efforts to secure employment despite having a year in which to improve her income status despite sufficient education..

The proofs Wife submitted to show her good faith efforts to secure employment were not compliant with the Divorce Agreement or prior Court Order and were internally inconsistent. The Wife’s Master’s Degree, prior licensing and employment history supported the conclusion that appellant-wife had the potential and capacity to earn substantially more than she had been earning.
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Thursday, August 3, 2017

Divorce Agreement – Mistake

In a  Decision – Six v Six  (an "Unreported Decision") >>   the Court Held:

 

The Appellate Division determined that a Mistake did occur as to the Divorce Agreement’s recital of Distribution of certain assets and that a Mistake did not occur as to the Divorce Agreement’s recital of Distribution of certain assets.

The determination that certain stock was a premarital asset not subject to distribution and a retirement account was calculated twice was correct. The determination that the distribution of jewelry, collectibles, or a retirement account was intended was correct. 


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Wednesday, August 2, 2017

Marriage in Cuba – OK?

In a  Decision – Alvarez v. Tortora (an "Unreported Decision") >>   the Court Held:

 

The Appellate  Division confirmed that when the parties married in Cuba even without the US Government’s permission to get married in Cuba, and even though the Wife always held herself out as single, the parties were married.

The Appellate Division held that  the Wife provided sufficient evidence of marriage to support the parties being married in accordance with Cuban law. Additionally, the court could not find any authority supporting the premise that a failure to obtain the federal government’s permission to get married in Cuba had the legal effect of voiding a marriage.


Read more . . .


Tuesday, August 1, 2017

Domestic Violence – Video


In a  Decision – T.H. v. C.B.


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Monday, July 31, 2017

Therapy – Child Support Set-Off


In a  Decision – D.G. v. R.G.
Read more . . .


Friday, July 28, 2017

Domestic Violence – Household Member


In a  Decision – A.L.I. v. D.
Read more . . .


Thursday, July 27, 2017

Attorney Fees – Frivolous Family Law Litigation

In a  Decision – Doblin v. Doblin (an "Unreported Decision") >>   the Court Held:

 

The Appellate  Division determined that counsel fees were warranted when the Wife attempted to challenge old orders through different legal arguments without the facts to support her claims.

The Appellate division determined that the Wife’s application was per se frivolous and was appropriate because defendant had previously been warned about the possibility of sanctions.


Read more . . .


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© Allan Weinberg, Esq. | Disclaimer
200 Highway 9, Suite 400, Manalapan, NJ 07726 | Phone: 732-806-5529
Family Law | Divorce Mediation | Divorce | Paternity | Domestic Violence | Adoption | Child Support | Stepparent Adoptions | Alimony | Child Custody | Municipal Court | Boutique Legal Services | About Us | Social Conscience

Law Firm Website Design by
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