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Articles Posted in Evidence

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Proof Needed to Prove Cohabitation will soon be Clarified….

On June 8th, I argued a case of significant importance in the Appellant Division. Although I have not received a decision as of yet, I am still of the belief I was heard. The case involved an application from the supporting spouse to terminate alimony based on the cohabitation of…

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We Just Made the Law regarding Mid-Marriage Agreements

Consistent with our firm’s position of being a leader in the field of Family Law, we have just received a decision on one of our appeals, meaning it is now law that will be binding for trial courts. The case is, Steele V Steele, and it was approved for publication…

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Correcting Judicial Error as easy as 1, 2 3.

Ever since I wrote my past blog on correcting judicial errors, I have gotten a lot of questions from readers and interested clientele alike about how judicial errors can be addressed and amended. When it comes down to it, there are essentially three types of judicial error:1) Clerical, 2) Legal…

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It’s How You Play The Game

Pretty much everyone has watched at least a portion of the Super Bowl and it is likely that more people know Tom Brady than the Chairperson of the Fed. The Super Bowl was lackluster this year a fitting companion to 2020-2021, which has for most of us been a dud.…

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COVID Cohabitation

Cohabitation of a dependent spouse with another in a relationship tantamount to marriage may lead to the suspension or termination of a payer’s obligation. During COVID many people have begun nesting for companionship and resource sharing. Ma ny of these new “quasi-family” unions are built upon established long term relationships;…

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New Jersey Supreme Court Affirms Trial Court’s Decision on Hearsay and Neglect, but Reverses on Abandonment.

In this recent decision in the matter of New Jersey Division of Child Protection and Permanency  v. A.B., (A-27-16), the New Jersey Supreme Court reviewed a trial court’s determination that OLYMPUS DIGITAL CAMERA defendant A.B. abused or neglected A.F. (her sixteen-year old daughter), that A.B. willfully abandoned A.F.; and that…

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New Jersey Appellate Division Critical of Eve of Trial Use of In Limine Motions to Seek Summary Judgment Dismissal

On September 20, 2017 the New Jersey Appellate Division approved a domestic violence case for publication the matter of L.C. v. M.A.J. (A4933-15T2), in which the Appellate Division addressed the use of pre-trial in limine motions, which are pretrial motions commonly used to request the court to make legal determinations about evidence…

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New Jersey Appellate Division Interprets Statute to Allow Admission of Hearsay Statements By Children in Title 9 Abuse and Neglect Cases But Not in Title 30 Removal Cases

In the published opinion in the matter of Division of Child Protection and Permanency v. T.U.B. & J.E.C., (A-2565-15T2) the trial court terminated the Defendant’s parental rights in a Title 30 guardianship case based upon the admission of hearsay statements by children about corroborated allegations of abuse or neglect pursuant to…

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New Jersey Appellate Division Addresses Whether to Issue Final Domestic Violence Restraining Order in Dispute Between Siblings

On March 14, 2017, the Appellate Division issued a published opinion in the matter of R.G. v. R.G. (A-0945-15T3)  in which the Appellate Division addressed the applicability of New Jersey’s Prevention of Domestic Violence Act to protect a man seeking a domestic violence retraining order against his brother. The men in…

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Digital Healthcare Records: Should Kinsella Hit the Refresh Button?

I recently attended a seminar where the topic concerned the obtaining, analysis and use of medical records. While the main focus was how medical records were dealt with in civil litigation matters such as medical malpractice and personal injury cases, it was clear that a number of the issues discussed…

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