Blog
- Accurate Interpretation Key to Fairness in Legal Proceedings
Apr 16, 2024
In a recent unpublished appellate division case, the court vacated a It is the responsibility of the trial court to ensure an accurate interpretation of the record. A judge has broad discretion in controlling the courtroom and court proceedings. Additionally, the court has a duty to prevent conduct which may negatively impact on the trial process and affect the rights of the parties or the outcome of the case. In addition to making legal...Read More - Can you arbitrate a Get?
Apr 10, 2024
There are very few cases, published or unpublished, in New Jersey that deal with religious marriages. An often-asked question or issue is whether a court can order a Husband to give a Wife a “Get” as a part of the civil divorce proceeding. A get is a document that completes a In the case of S.I. v. M.I., an unpublished decision from the Appellate Division on March 22, 2024. The parties entered into an...Read More - Retroactive Alimony Modifications May Only be Available if You are Not A Jerk
Mar 20, 2024
Alimony is modifiable as of the date of the change in circumstances leading to the modification (or termination). Or is it? In most cases, the presumptive retroactive date will be the date of filing. However, you can seek an earlier date if you provide sufficient evidence of a change in circumstances. This is critical when filing a motion for modifying or terminating your In the recent unpublished case of Corzo v. Corzo, Docket A-1169-22,...Read More - Can You Obtain A License In Another State With A DUI License Suspension In New Jersey?
Mar 18, 2024
In the wake of a Understanding DUI License Suspension in New Jersey New Jersey enforces strict penalties for DUI convictions, with license suspension being a primary repercussion. The length of this suspension is determined by factors such as your blood alcohol content (BAC) at the time of arrest and any previous offenses. New Jersey's policy is clear: no hardship or conditional licenses are granted under any circumstances. Thus, individuals convicted of a DUI must...Read More - How Many Ways Can the Trial Court Make a Mistake in One Case?
Mar 6, 2024
In the recent unpublished case of K.P. v. N.G., Docket A-1425-22, March 14, 2024, the trial court didn’t just make one mistake it made many. This is a classic case of a judge over-delegating its role as the finder of facts and decision-maker in a case to a court appointed expert. The problem is that the court seems to have pre-determined the outcome and simply disregarded the opinion of one expert in favor of the...Read More - Closing the Black Hole of Carr: A Divorce Settlement Agreement Survives Death
Mar 4, 2024
In the recent decision of Roik v. Roik, ___ N.J. Super. (App.Div.2024), the appeals court reversed the trial court when it failed to enforce a MSA signed by the parties before the death of the husband and before the entry of the final judgment. The Roiks were married for 46 years when the plaintiff filed for divorce. They had three emancipated children and various assets that required equitable distribution. The parties executed a Matrimonial Settlement...Read More - Are false allegations of child abuse domestic violence?
Feb 26, 2024
In E.W. v. W.M-H., 476 N.J.Super.433 (Ch.Div.2023) plaintiff filed a civil suit against the defendant to recover money owed to her. The parties had a brief (one month) relationship, during which the plaintiff apparently gave the defendant tens of thousands of dollars. In apparent retaliation for the suit, the defendant contacted D.C.P.&P. and alleged that the plaintiff was using marijuana around her minor child. The plaintiff testified that the defendant had told her that he...Read More - Leave to Amend Complaints must be Granted Liberally, Even in Divorces
Feb 19, 2024
In the case of Sadeeshkumar v. Venugopal, ___ N.J. Super. (App.Div.2024), the trial court denied the defendant the ability to amend his answer to the complaint for divorce. The appellate court reversed. The parties had been married for over 30 years when the plaintiff filed for divorce in 2022. There was pending business litigation between the defendant and another party (Muragan). The Plaintiff-Wife had intervened in that case. Plaintiff’s Complaint was filed in May 2022...Read More - Can My Internet Search History Impact My Divorce in NJ?
Feb 15, 2024
In today's digital age, our online activities leave a trail of data that can sometimes come back to haunt us, especially during legal battles such as divorce proceedings. For individuals going through a NJ’s Approach to Digital Evidence in Divorce Cases The Foundation of Evidence Admissibility In New Jersey, the rules governing the admissibility of evidence in divorce cases are detailed in both statutory law and case law, with a particular emphasis on the...Read More - My Spouse Asked for a Divorce and I Don’t Want One - What Do I Do Now?
Jan 15, 2024
Facing the prospect of Understanding Your Emotions and the Legal Reality The emotional impact of a spouse asking for a divorce cannot be understated. Feelings of confusion, betrayal, sadness, or even relief are common. It’s important to acknowledge and address these emotions, as they are a significant part of the process. However, alongside these emotions, it's crucial to stay informed about the legal aspects of divorce. Informed decision-making is key in navigating the path...Read More