Articles Tagged with divorce

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This week the media was abuzz with news of the demise of another celebrity marriage, this time with the separation of professional basketball player, Carmelo Anthony, from his wife Lala

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Weddings rings and large bills of money

Anthony. The Anthony’s have been married since 2010 and have a 10 year-old son. Their potential divorce raises questions about what would happen with their assets and who would get custody of their son in their divorce, were such a case to arise in New Jersey. Continue reading

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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 could apply to Family Court matters as well. A spouse may allege that they are unable to work, or may be limited in what type of work they can do, as a result of some sort of medical or psychological condition or disability, thereby impacting a claim for spousal and/or child support. A spouse may allege that they suffered physical and/or emotional injury as a result of an act or course of abuse by the other spouse leading to a claim for damages in an action for domestic tort. Continue reading

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SlashI was recently perusing a periodical and came across a story about a celebrity musician who was claiming he was never married to his wife of 15 years because of a known snafu in her earlier divorce paperwork. The headline stated “Slash claims he was never married to wife of 15 years”. (http://www.metro.us/entertainment/slash-claims-he-was-never-married-to-wife-of-15-years/zsJpjE—wsgif5AIi7dW6/). For those of you who don’t know, Slash, who’s legal name Saul Hudson (which better calls to mind the fictional character Saul Goodman of “Breaking Bad” and “Better Call Saul”),  is the prolific lead guitarist of the recently reformed rock group Guns N’ Roses.  Continue reading

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A new situation comedy is about to premier on HBO simply titled “Divorce” starring Sarah Jessica Parker, who also serves as an executive producer. We all know that divorce is a serious, life-altering event. Like many situation comedies that find humor in dysfunctional marriages or family situations, it is understandable why television would want to extend those notions to the divorce arena. While litigants may not see the humor of it, many times we as lawyers, looking at it from the outside, shake our head in disbelief of the types of things that otherwise good and reasonable people will do or say to try to get back at, or get one over on, their spouse, a person they used to love but now despise. Continue reading

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We have all heard of the shocking cost of some celebrity divorces.  But, what about the rest of us? A THREE 100 DOLLAR ROLLSdivorce can be costly at any financial level. One of the first questions an individual pondering divorce has is, “how much does a divorce cost?” And, many of us have seen the advertisements claiming that you can be divorced for $400. Unfortunately, the real answer to how much a divorce costs remains illusive. The cost of a divorce really is on a case by case basis. Continue reading

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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 and/or assault of husbands in an effort to force them to agree to give their wives a Jewish divorce, or Get. Although in our practice, we deal with “civil” as opposed to “religious” divorces, the inter-relationship of the two occasionally comes up. The subject of this blog post is to briefly address how the family courts of this State have dealt with these sorts of issues, and some practical considerations of how to deal with them so as to avoid the extreme situation noted above. Continue reading

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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 Matter of Terrie Harmon and Thomas McCarron, 2015 WL 7747720 (No. 2015 – 0273; Opinion Issued Dec 3, 2015) held that the family court lacked statutory authority to vacate a decree of divorce upon the joint request of reconciled parties absent a showing of fraud, undue influence, deceit, misrepresentation or mutual mistake. In effect, the Court made clear that simply changing your minds and no longer wanting to be divorced, even if both parties agree, is not a legally valid basis to undo a Final Judgment of Divorce in the absence of an express statutory authorization permitting same. While generally the focus of my practice is getting people divorced, not “un-divorced”, this case made me consider how a New Jersey court might address this or similar issue. Continue reading

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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 U.S. Supreme Court which decided that states cannot ban same sex couples from marrying.   Ms. Davis, an elected official, indicated that she could not sign marriages licenses in which her name appeared without violating her conscience and her Christian religion. Continue reading

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One of the more difficult decisions that face many of us in our lifetimes is the decision to stay married or to divorce.  Sometimes the decision as to whether to end a marriage is not left to us; our partner may choose to end the marriage and choice is no longer a factor. Many times, however, the question of divorce is mutually discussed without a firm commitment from either side. 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