Family

Filing for Divorce in New Jersey

Friday, February 27, 2009 by Marc Alan Chase

There are eight distinct causes of action for a fault divorce in New Jersey, which your Hackensack divorce lawyer can detail in full.  Among the two most frequent fault causes for divorce in New Jersey is adultery and extreme cruelty.  NJ courts have ruled that...... Read More
Posted at 14:12 PM  |  PERMALINK
Topic: Family Law

When is my child emancipated ?

Monday, February 23, 2009 by Richard S. Diamond

Depends. If you are still married, emancipation occurs when you and your spouse decide that it is time for your child to stand on his / her own. But, if you are divorced, even if a settlement agreement says that emancipation occurs at 18 or upon graduation from high school, a judge still has the right to override the terms of that agreement and continue an obligation for support upon parents for that child. 

In New Jersey, the legal standard for emancipation is "[w]hen a... Read More

Posted at 12:05 PM  |  PERMALINK
Topic: Family Law

Despite being bound by International law on child abductions, 4 and a half years later, Brazil still has not returned one of our children back to New Jersey

Monday, February 16, 2009 by Richard S. Diamond

I have worked with the National Center for Missing and Exploited Children on child abduction cases and am outraged by the actions of the Brazilian court in refusing to honor its obligations under the Hague Convention on rules governing Child Abductions. Essentially, Brazil has signed off on the Convention to ensure that its children are returned to its borders and at the same time, is refusing to honor its obligation to ensure the "prompt" return of children abducted elsewhere and... Read More
Posted at 14:09 PM  |  PERMALINK
Topic: Family Law

Given the choice to dissolve a Gay Civil Union or to grant a Divorce to a Gay Couple, a New Jersey judge has opted to grant the first Gay Divorce

Wednesday, February 11, 2009 by Richard S. Diamond

While other states are still debating whether to recognize gay marriages, at a hearing in Trenton last week, New Jersey Superior Court Judge Mary Jacobson issued a divorce instead of a dissolution of a civil union to a lesbian couple who had been married in Canada.

The Attorney General’s office had argued that the couple should receive a dissolution of a civil union, rather than a divorce. However, the Judge disagreed, advancing the view that a divorce was necessary to allow... Read More
Posted at 09:39 AM  |  PERMALINK
Topic: Family Law

A Parent's intentional interference with visitation may now give rise to a claim for money damages

Wednesday, February 11, 2009 by Richard S. Diamond

Currently on appeal are two cases making their way through the New Jersey court system; each taking very different positions on the issue.  In both cases, mothers have allegedly engaged in intentional behavior to cause the breakdown of the relationship between their children and their fathers, who are seeking monetary damages as a result.

In Segal vs Lynch, Judge Rand in Morris County, relying on the 1935 Heart Balm Act (N.J.S.A. 2A:23-1)  dismissed the claim,... Read More
Posted at 09:33 AM  |  PERMALINK
Topic: Family Law

An end to palimony claims in New Jersey ?

Wednesday, February 11, 2009 by Richard S. Diamond

30 years ago, the New Jersey Supreme Court held that a promise (oral or in writing) made by unmarried cohabitants in a marital-style relationship can be enforced, under the concept of "Palimony". Kozlowski v. Kozlowski, 80 N.J. 378 (1979).  This concept has been upheld and expanded upon by subsequent decisions. See e.g. Devaney v. L'Esperance, 195 N.J. 247 (2008), In re Estate of Roccamonte, 174 N.J. 381 (2002).

In its simplest... Read More
Posted at 09:25 AM  |  PERMALINK
Topic: Family Law

Custody and Time Sharing Parenting Plans in Florida

Monday, February 9, 2009 by Erick Trivedi

I've just started this blog post and haven't given any organized thought to a topic... i thought i would open up by allowing someone to ask a questions regarding custody disputes and/or the potential relocation of the child's current home state.  Any takers?

www.trivediandassociates.com

... Read More

Posted at 17:59 PM  |  PERMALINK
Topic: Family Law
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