Appellant, Carol J. Broach, suffered a stroke in 2005. After she suffered this stroker her son, William S. Broach, was appointed as her guardian. As a result of the stroke appellant was left mentally incompetent. She is unable to testify intelligently or express her wishes. Acting in his capacity as…
Court holds that cohabitation is not essential for an award By Edward S. Snyder, 193 N.J.L.J.652 The law of palimony has evolved and expanded over the last three decades and the Supreme Court of New Jersey has been active in defining its parameters. During the 2007-08 term the court once…
“[A]ny party is free to retire, take a vow of poverty, write poetry, or hawk roses in an airport, if he or she sees fit. The only limit is discontinuance of the financial aid the former spouse requires. The reason for this is that the duty of self-fulfillment must give…
A three-judge Appellate Division panel recently ruled out binding, nonappealable arbitration as a way to settle custody and parenting time disputes. Arbitration is a favored remedy for settling disputes, but parties can’t bargain away the court’s obligation under the principle of parens patriae to ensure the best interests of children,…
The New Jersey Supreme Court ruled last month that “[c]ohabitation is not an essential requirement for a cause of action for palimony, but a marital-type relationship is required.” In Devaney V. L’Esperance, Not Reported A.2d., 2008 WL 2491976 (NJ). The Court by a 6-1 majority broke away from the precedent…
What if you do not have a will, you only have a few weeks left to live, and you do not want your spouse to inherit your estate? In New Jersey, a surviving spouse has a right of election to take an elective share of one-third of the augmented estate…
Paternity testing can cost up to $500, not including attorneys fees, should you desire representation. If the father of your child contests paternity, you should file a Paternity Complaint wherein a hearing will take place and a paternity test will be scheduled. N.J.S.A. 9:17-38 is known as the New Jersey…
Let’s say you and your ex have an agreement, whether verbal or written, that you will pay to your ex $300 in child support, when according to the Guidelines, you should be paying $800. Well, this is obviously agreeable to the payor. Your obligation will certainly change if your ex…
In a recent New Jersey case, a mother’s parental rights were reinstated after the New Jersey State Supreme Court found that DYFS failed to prove the mother was unwilling and unable to eliminate threats of harm (in this case, the presence of the child’s father). The Division of Youth and…
On June 15, 2007, former Baywatch star and singer, David Hasselhoff won full and physical custody of his two teenage daughters, 14 year-old Hayley and 17 year-old Taylor-Ann. His ex-wife, Pamela Bach, has been granted alternate weekends and on Wednesday nights for dinner. Mr. Hasselhoff also made it clear to…