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Articles Posted in Discovery

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MATRIMONIAL P.I.: Practical Considerations in the Use of Private Investigators in Matrimonial Matters

When you mention Private Investigators in the context of a matrimonial dispute, most people think of what is portrayed in movies or in television of a gumshoe Detective tailing a car or hiding in the bushes, trying to get the goods on a suspected cheating spouse. While hiring a private…

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The Panama Papers and the Identification of Potentially Hidden Assets in a New Jersey Divorce

The news agency CNN Money recently published an article entitled “Panama Papers: How the rich try to hide assets from their exes.”  (http://money.cnn.com/2016/04/07/news/panama-papers-divorce/) The “Panama Papers” refer to hacked files from an international law firm based in Panama called Mossack Fonseca.  Those hacked files were analyzed by the press and…

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New Jersey Family Court Judge Expresses Methods for Use of Electronic Evidence Contained on Cell Phones or Electronic Devices at Trial

For those of you that have attended Mr. Yudes’ annual ICLE seminar: Family Law Update and/or those of you that have paid close attention to newly published trial court decisions over the past three (3) years will not be surprised to find that the Honorable Lawrence R. Jones, J.S.C., a Superior Court…

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Supreme Court of New Jersey Adds New Rule of Evidence: Mental Health Service Provider-Patient Privilege

During a custody dispute over children, if the parties cannot reach an agreement between themselves as to the custody and parenting time arrangement that serves the best interest of the child(ren) at issue, the Court will then be called upon to make that determination for them. The Court is required…

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Use of Social Media in Court: An Ethical and Jurisdictional Dilemma

Approximately one year ago, my colleague wrote a blog post raising awareness and spreading concern about how the communications and content found on one’s social media could potentially be used against them in a variety of ways in Court.  It is no big surprise that with the explosion of social…

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Are You Worried That Your Spouse is Hiding Assets?

V. Stiviano, the former mistress of former Los Angeles Clippers owner, Donald Sterling, is being sued by his wife of over 50 years, Rochelle Sterling.  In her suit, Mrs. Sterling is seeking the return of gifts that Mr. Sterling purportedly gave to Ms. Stiviano.  Among the gifts Stiviano apparently received…

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THE FAMILY CASE INFORMATION STATEMENT REVISITED

For the casual fan like myself, there are periods during the year where the sports landscape is rather barren. The time we are now in between the Super Bowl and March Madness is one such period. Similarly, there are periods where the family law landscape can seem rather barren as…

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Imputation of Income for the Calculation of Child Support and Alimony in New Jersey

The New Jersey Appellate Division this week published the case of Elrom v. Elrom, in which the Husband appealed the provision in the parties’ divorce judgment where the trial court imputed income to the parties for purposes of determining the amount of alimony and child support the Husband had to…

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Pillow Talk — New Limits on Confidentiality

Most people are aware that communications between a lawyer and client are generally considered to be confidential or “privileged” and may not be disclosed to anyone without their consent. The same is true in regards to discussions between a physician or psychologist and his/her patient. However, most people are not…

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Defense of Assault Allegations in the Law Division: Protections Provided by the Appellate Division

In a recent published decision from the Appellate Division, L.T. v. F.M., the Court differentiated between the standards of proof associated with an domestic violence action in the Family Part and a civil action in the Law Division.  The primary issue presented and resolved in this decision was the issue…

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