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Articles Posted in divorce

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WHAT GOD HAS JOINED TOGETHER: CIVIL v. RELIGIOUS DIVORCE – PRACTICAL CONSIDERATIONS

Although I can recall having heard about similar stories in the past, a recent news story caught my eye in which a Lakewood, New Jersey couple had been sentenced in a plot to extort a divorce. They, along with others, were accused of involvement in a scheme involving the kidnap…

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CHANGING YOUR MIND: CAN WE UN-DIVORCE?

Over the Christmas holiday I came across a news story detailing a New Hampshire couple’s unsuccessful joint attempt to vacate their 2014 divorce decree on the ground of their reconciliation. In affirming the lower court decision denying their request, the New Hampshire Supreme Court in the case of In the…

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What Does Visiting Pope Francis Think About Family Law Issues?

Recent matters in the news this month have had me thinking about the intersection of religion and law.   Earlier this month, Rowan County Kentucky clerk, Kim Davis, was jailed for contempt because she refused to issue marriage licenses to same sex couples despite the June, 2015 decision of the…

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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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THE WAR OF THE ROVERS: Pet Custody Cases in New Jersey

Many in today’s society would view the court’s treatment of dogs and other pets as merely property to be equitably distributed in the breakup of relationship as antiquated, given the increasing role that pets are play in today’s society. A common scenario playing out in relationships across the Garden State today…

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To Serve or Not To Serve (A Divorce Complaint)

Prolific jurist, Honorable Lawrence R. Jones, J.S.C. in the family part in Ocean County, New Jersey, issued another published decision in the matter of J.C. v. M.C., decided on November 6, 2014.  This time, Judge Jones addressed the obligation of a plaintiff seeking a divorce to make a “diligent inquiry”…

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Is There A Less Than Absolute Way to End a Marriage?

On occasion someone will ask me about the possibility of a way to end a marital relationship short of a divorce.  for instance ,is there a way to legally or formally separate?  In New Jersey, married couples do separate, but there is not a law providing for a formal, legal…

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New Jersey Passes Collaborative Law Act

Governor Chris Christie signed into law the New Jersey Collaborative Law Act (the “Act”) on September 10, 2014. The intent of the legislation is to provide uniformity in collaborative law throughout the State in family law disputes. Collaborative law affords parties a way to resolve family law disputes without intervention…

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THE NEED TO PLEAD: Should a Counterclaim be filed?

When a prospective client in a divorce matter comes in, often they have already been served with a Complaint for Divorce that has been filed by their spouse.  Beyond discussing the substantive issues of their case, they will inquire about the Complaint itself, what it means, and the need to…

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