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New Jersey Appellate Division Clarifies Whether the Changed Circumstance Standard Applies in Post-Judgment Cohabitation Cases

Ascertaining whether a supported spouse is cohabiting with a romantic partner in such a way that it constitutes a changed circumstance warranting a modification of alimony is often an issue that family courts have address.  In 2014, the New Jersey Legislature modified the alimony statute, N.J.S.A. 2A:34-23(n), to codify factors…

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THE GAMES [DIVORCING] PEOPLE PLAY

Divorce is a life-altering event. For many it is an emotionally charged situation. The person you had loved and intended to share a life with is now someone who you consider your “enemy” – viewing them from indifference to hatred. Any sense of trust has gone out the window. For…

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Family Part Court Rule Amendments 2017 – Part III

  In the third and final blog post of this series, I will conclude my summary and discussion of the current 2017 Family Part Rule Amendments, including those of more general application. The cases of R.K.v.D.L., 434 N.J. Super. 113 (App. Div.2014) and Major v. Maguire, 224 N.J. 1(2016) highlighted…

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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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METADATA BEWARE: COURT RULES GO DIGITAL

It is hard to believe that the end of summer is fast approaching. Whether you consider the beginning of summer to be Memorial Day weekend or the 4th of July, it still seems like it was only yesterday. How time flies. Besides shorter days, cooler nights, school commencing, and packing…

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REALITY “FD”: New Guidelines for Non-Dissolution Family Cases in New Jersey

When people ask me what I do for a living, I usually tell them I am a “divorce” lawyer.  While much of this firm’s practice is devoted to representing clients either getting divorced, handling issues incident to a divorce, or addressing disputes which may arise post-divorce (i.e. modification, enforcement of…

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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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Entry of Default Judgment Requires Fairness in New Jersey

Recently trial Judge L.R. Jones, J.S.C., an effective and prolific writer, explored the procedures to be followed when pursuing a default judgment.  If a defendant does not file an answer or appearance within the thirty-five days after a divorce complaint is filed and lawfully served upon him or her, the…

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The Matrimonial Litigation Process in New Jersey – In a Nutshell

     The decision to seek a divorce is often difficult and painful.   There is uncertainty about your future and possibly your children’s futures, and you may likewise be uncertain about what the Family Court process actually entails with regard to getting a divorce.   Described below is a very brief outline of the…

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