Articles Tagged with marriage

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Summer is over. The kids are back in school. The normal routine has returned to your life.  This is a comparatively calm time for most households. There are fewer stressors, a little more “me time”0HFF1UYS9S-300x200

and a lot less “rock ‘n roll” than during the summer.  It is a good time to take stock of where you are, what you have accomplished and for those with marital difficulty the State of the Union.

Bad marriages generally careen toward divorce until the final straw. Some people affirmatively try to resolve their problems and sensibly review their options. Others like the famous Ostrich in the middle of the crowded highway simply stick their proverbial heads in the ground until the inevitable truck cuts them down.  Marriages are work and, to a degree, organic. They need nurturing and dialogue to keep them alive. Time, indifference, the cumulative effect of unresolved arguments all weigh it down.

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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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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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marryIn Mr. Yudes’ June, 2013 blog post, he discussed the landmark decision of the United States Supreme Court in United States v. Windsor to strike down the Defense of Marriage Act (“DOMA”) as unconstitutional due to its denial of equal protection to same sex couples.  Continue reading

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In a recent blog post, I discussed how U.S. v. Windsor, 570 US 7 (2013), in striking down the Defense of Marriage Act (DOMA) laid into question what the New Jersey Legislature’s response might be to the New Jersey Supreme Court’s directive in Lewis v. Harris 188 N.J. 415 (2006). Continue reading

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girlsThe case of US v. Windsor, 570 U.S. 7, (2013),  decided on the last day of the United States   Supreme Court’s term on June 26, 2013, declared unconstitutional certain provisions of Bill Clinton’s landmark legislation, the 1996 Defense of Marriage Act, commonly referred to as “DOMA”.  Continue reading