Articles Posted in Discovery

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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 investigator to determine whether a spouse may be engaged in an adulterous relationship remains a common reason to do so, there are a multitude of other reasons why the use of a private investigator can be an important tool for the client as well as the attorney in the preparation of a matrimonial case. This blog post will discuPrivate Investigatorss some of these circumstances, as well as some practical and legal considerations affecting the use of private investigators. Continue reading ›

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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/) T9-08-1he “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 later published in a report by the International Consortium of Investigative Journalists. The report’s findings have already lead to the resignation of the Prime Minister of Iceland, Sigmundur Gunnlaugsson, after it was revealed that he owned an offshore company with his wife but he had not declared it when he entered Parliament.   Continue reading ›

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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 Judge in Ocean County, has issued many trial court level decisions that have become published.  Beginning with Benjamin v. Benjamin, which was decided in October 2012 and was approved for publication in February 2013, Judge Jones has issued a total of nine (9) decisions published decisions. Continue reading ›

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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 to make findings as to , and will apply the 15 statutory factors of N.J.S.A. 2A:9:2-4, among which are factors that include the “fitness of the parents”, the “parents’ ability to agree, community and cooperate in matters relating to the child”, the “needs of the child”, and the “stability of the home environment offered”.   Continue reading ›

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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 media and the countless ways individuals can communicate in an ever evolving world of technology that those communications are being monitored for potential use in litigation. Continue reading ›

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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 are a $1.8 million home, a Ferrari, two Bentleys and a Range Rover.  Mrs. Sterling claims that these gifts were purchased with the parties’ joint monies without her consent. Continue reading ›

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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 well, during which the courts’ issuing of decisions and/or the Legislature’s passing of laws seems to reduce to a trickle.   Continue reading ›

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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 pay to his former Wife.  The Wife in this case was an attorney licensed to practice in New York and New Jersey.   Continue reading ›

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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 aware that communications between spouses (or partners in a civil union) enjoy the same type of “privilege’ and were generally protected from disclosure absent mutual consent. Continue reading ›

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OLYMPUS DIGITAL CAMERAIn 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 of whether the defendant was collaterally estopped from arguing in the Law Division action that he did not assault the plaintiff after the plaintiff successfully obtained a Final Restraining Order in the domestic violence action in the family court.  Continue reading ›