In a Decision – Schmitt v. Lupo-Schmitt (an Unpublished Opinion) >> the Court Held:
The Appellate Division affirmed the Family Part determination that Husband had failed to present evidence that defendant was sharing a residence with a member of the opposite sex with whom she shared "a mutually supportive, intimate personal relationship" and "undertaken duties...commonly associated with marriage". Wife did not deny moving into the house, she asserted that she shared the house with her best friend, whose father owned the house, and that she did not have a relationship with him nor was he supporting defendant or her children. The Court stated that Husband “failed to provide any evidence to support the bald assertions”.