Articles Posted in Divorce

These days, many of us turn to one social networking site or another to reunite with old friends, former classmates and others from our past. While these sites have been successful in helping rebuild some lost relationships, they also have been credited recently with helping to dissolve others.

An article by Martin Di Caro posted on NJ1015.com on June 30, 2010, stated, “The American Academy of Matrimonial Lawyers says 81 percent of its members have faced or seen evidence in divorce cases gleaned from social networking or dating sites like Facebook, Myspace, or match.com.” (1)

An earlier article by Sue Epstein written for The Star Ledger (March 21, 2010) cited the case of a divorced New Jersey couple who were still trying to work out custody of their teenager. During this time, the girl posted a photo on Facebook of her and her friends partying. The teen’s mother used the photo to support her argument that the father was “too permissive.” (2)

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 guardian, William S. Broach filed a complaint for divorce on his mother’s behalf in January 2006. Broach v. Broach, 2008 WL 3582809 (Ohio App. 2 Dist).

The Trial court held a competency hearing and found the appellant “is unable to form the requisite intent to maintain a divorce action.” Id. The trial court rejected the argument that the guardian could continue the action on his mother’s behalf. The trial court then dismissed the complaint due to the Appellant’s incompetency.

The only contest issue on appeal was that the trial court erred in ruling the guardian could not bring this action on her behalf. In support of her argument appellant cited State ex rel. Broer v. Alexander (1963), 175 Ohio St. 24, 23 O.O.2d 298, 190 N.E.2d 923, and Heskett v. Heskett (Nov 25, 1991), Champaign App. N. 91-CA-05, 1991 WL 256136. In Broer, the court held that “[t]he appointment of a guardian for a mentally incompetent person will not abate a divorce action instituted prior to the incompetency.” Broer, at paragraph one of the syllabus. In Heskett, the court that decided this case addressed a similar situation involving a party who was competent when he filed for divorce but who became incompetent while the action was pending. The court cited Broer and held that a guardian could continue that action on behalf of the incompetent party.

Continue reading ›

On April 10, 2007, Gretchen Bonaduce filed for divorce from former “Partridge Family” child star, and now radio and TV host, Dante Daniel (“Danny”) Bonaduce after 17 years of marriage, citing irreconcilable differences.

According to the divorce papers, Gretchen is seeking legal and physical custody of their 6-year old son, Count Dante Jean-Michael V. and 12-year old daughter, Countess Isabella Michaela of the marriage, with visitation to Danny.

Continue reading ›

On May 4, 2007, Evanka Buttafuoco filed a divorce petition against Joey Buttafuoco citing “irreconcilable differences”. Evanka listed the couple’s assets to be “consumer debt only”.

When asked about his divorce, Mr. Buttafuoco told The Post “All I can say is two words: I’m devastated. That’s all I can say. I’m very sad.”

Joey and Evanka were married on March 5, 2007. No children are shared by the couple.

Continue reading ›

The New Jersey legislature is joining other northeastern states in how it handles family law matters. Within the last few months, not only has New Jersey passed a civil union statute, but it has added irreconcilable differences to its causes of action for divorce.

It has always been that a person wanting a divorce had to establish fault, or live separate from their spouse for 18 months to be granted a no-fault divorce. Now, the legislature has created a new no-fault cause of action, without the 18 month requirement- irreconcilable differences.

Continue reading ›

New Jersey joined the company of Connecticut and Vermont when it passed a Bill legalizing civil unions.

See http://www.state.nj.us/treasury/taxation/index.html?civilunionact.htm~mainFrame

See http://www.state.nj.us/treasury/taxation/index.html?civilunionact.htm~mainFrame

The requirements for the dissolution of a civil union are quite similar to those for marriages.

On February 19, 2007, N.J.S.A. 2A:34-2.1 came into effect, providing the state with a list of grounds acceptable for dissolution of civil unions.

Continue reading ›

On or about February 1, 2007, Actress Anne Heche was served with divorce papers from her husband of over five years, cameraman and “stay-at-home dad”, Coley Laffoon, who filed “irreconcilable differences”. However, it has been reported, but not confirmed, that the split was due to a budding relationship with Ms. Heche’s “Men in Trees” costar, James Tupper.

Continue reading ›

After seven years of marriage, Actress, Laura Jeanne “Reese Witherspoon” filed for divorce from Actor, Matthew “Ryan Phillippe” on November 8, 2006, on the grounds of “irreconcilable differences”. However, it has been circulated Mr. Phillippe had an affair with a co-star, was excessively partying, and indulged in drugs.

Ms. Witherspoon is seeking primary physical custody of their two children (mentioned below), with visitation rights to Mr. Phillippe, and sole use of the family residence. She asks the Court that Mr. Phillippe be denied spousal support. [Ms. Witherspoon is represented by Robert Kaufman.]

Continue reading ›

So, you are in the middle of a divorce and you think your spouse is cheating on you….should you start snooping about your spouse’s belongings? Perhaps you have the sudden urge to go through your spouse’s email….can you do this? The computer was purchased during the marriage and belongs to the both of you. The internet service is paid from joint accounts. Why wouldn’t you be able to view your spouse’s email?

A recent New Jersey Law Journal article addresses just this issue, Beware the Smoking E-mail, Darren M. Gelber, 11-13-2006. http://www.law.com/jsp/nj/index.jsp

Continue reading ›