Articles Tagged with 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 is that many couples begin to cohabit and soon after get a dog or another pet to raise together.  Those of us on social media regularly see pictures posted of couples and their dogs in which they are categorized as their “baby” or loved one.  Couples spend significant time in researching which pet to purchase or rescue from the shelter.   They spend significant time and money on training and caring for an animal that many consider to be a member of the family. Continue reading ›

In a recently published opinion, dated February 19, 2014, the Appellate Division analyzed and reversed a trial court’s decision declining to gavelexercise jurisdiction pursuant to New Jersey’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (commonly referred to as UCCJEA).  In this particular case, designated S.B. v. G.M.B., the trial court made a determination  to decline jurisdiction, in favor of the courts of Ontario, Canada, despite the fact that this relief was not specifically requested by either party.  Continue reading ›

It is well settled in New Jersey that when there is a question of whether a transfer of property was a gift or not, “Proof of gift requires evidence of unequivocal donative intent on the donor’s part, actual or symbolic delivery of the gift’s subject matter, and the donor’s absolute and irrevocable relinquishment of ownership.”  Continue reading ›

photoThis week the New Jersey Court Committee on Opinions published the May 30, 2013 trial court Opinion of the Honorable Lawrence R. Jones, J.S.C. in the matter of A.W. v. T.D.   The case addressed  not only a heartbreaking family crisis, but what Judge Jones described as a “serious issue of first impression regarding the impact a terminal cancer diagnosis may have on an existing custody arrangement.” Continue reading ›

file0002082373718In a perfect world, the issue of relocation or removal would never come up in the context of either divorce litigation or a post-judgment application because parents would be able to live in relative close proximity to one another and cooperate for the best interests of their children.  Continue reading ›

CollegeBenjamin Franklin once wrote: “An investment in education pays the best interest.”  That quote by one of America’s Founding Fathers continues to be etched into our national fabric of ideals. The attainment of a college degree or some other form of higher education has become the norm and not the exception in today’s society.  Continue reading ›

file0001679856317In my last post, I described the various items and expenses that are specifically built into the calculation of a child support obligation pursuant to the Child Support Guidelines in an attempt to explain and describe what a child support obligation is meant to cover.  In addition to the automatic and mandatory expenses built into the Child Support Guidelines calculation of child support, there are a number of expenses that should be included, if they are incurred by a particular family, in the calculation of child support.  Continue reading ›

It is not uncommon for someone who is paying alimony to a former spouse to be concerned about or to find him or herself faced the scenario of paying alimony to a former spouse who becomes involved in a committed, romantic relationship with a paramour but is not remarried.  The person paying alimony often suspects that the former spouse is choosing to not to remarry because the remarriage will result in a termination of alimony.   The New Jersey Supreme Court has held that such “cohabitation” is a change in circumstance that can trigger the court revisiting the issue of alimony.  Gayet v. Gayet, 92 N.J. 149, 154-55 (1983). Continue reading ›

engagement ringAs a divorce attorney, I deal primarily with the ending of marital relationships some time subsequent to the marriage.  However, it is not uncommon for parties that are engaged to marry one another, fully intending on getting married, to have second thoughts and decide to call it off for any number of reasons.  Continue reading ›