New Jersey Family Law Blog

Former New Jersey Governor is in a Heated Custody Battle

March 14, 2007 | Kearns Rotolo Law

The Star-Ledger reported yesterday that former New Jersey Governor, James E. McGreevey, who is in the midst of a divorce, has included among his request for relief the sole custody of the parties’ five year old daughter, Jacqueline. http://www.nj.com/starledger/stories/index.ssf?/base/news-11/11737647504550.xml&coll=1

The amended complaint seeks child support and provides Dina Matos McGreevey, the mother and soon-to-be ex-spouse, with visitation rights.

Presently, Governor McGreevey lives with his partner, Mark O’Donnell.

New Jersey Marital Property: When Your Spouse Depletes Assets

March 7, 2007 | Kearns Rotolo Law

DISSIPATION OF MARITAL PROPERTY

One party may anticipate the marriage is failing, that divorce is imminent, and attempt to spend down marital assets. To that end, the wronged party may find themself in a position to receive little or nothing because of the ill will of the other party.

Similar to underemployment, the Courts will examine the circumstances surrounding the event. The party who has depleted assets will have to show the expenditure was for the joint marital venture and was not done to intentionally deprive the other spouse of equitable distribution.

The question ultimately to be answered in determining whether there has been a dissipation of marital property is whether assets were expended by one spouse with intent of diminishing the other spouse’s share of marital estate.

New Jersey Visitation: Rights of the Grandparent

March 2, 2007 | Kearns Rotolo Law

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Grandparents will only be given visitation against the wishes of a parent if they can prove by a preponderance of the evidence that such visitation is necessary to avoid harm to the child. Moriarty v. Bradt, 177 N.J. 84, 114-15 (2003).

New Jersey’s Irreconcilable Differences

February 26, 2007 | Kearns Rotolo Law

Angry%20Man%20Woman.JPG 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.

New Jersey Civil Unions

February 23, 2007 | Kearns Rotolo Law

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

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.

Divorce & Custody Battle – Anne Heche and Coley Laffoon

February 22, 2007 | Kearns Rotolo Law

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.

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Custody Battle Continues — Anna Nicole Smith’s Daughter, Dannielynn!

February 21, 2007 | Kearns Rotolo Law

Shortly after the distressing news of Anna Nicole Smith’s demise, the fight for baby Dannielynn continued on a shocking upward spiral. The potential father list has risen from two to five!

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As previously known, Howard K. Stern and Larry Birkhead were the alleged contenders. The paternity test was postponed from January until February 2007.

However, a strange turn of events has since occurred. Two additional men are contending to be Dannielynn’s father; the bodyguard, Alex Denk, and the prince/Zsa Zsa Gabor’s husband, Prince Frederick Von Anhalt. Additionally, Ms. Smith’s sister alleged Ms. Smith had her late 89-year old husband/billionaire oilman, J. Howard Marshall’s sperm frozen, which has been added to the equation.

Divorce – Custody, Reese Witherspoon & Ryan Phillippe

January 25, 2007 | Kearns Rotolo Law

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.] Reese%20Witherspoon.JPG Reese%20%26%20Ryan.jpg

New Jersey Divorce and E-Mail

January 23, 2007 | Kearns Rotolo Law

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

Custody: What You Should Know Before You Leave New Jersey

January 22, 2007 | Kearns Rotolo Law

As the custodial parent you might think that since the children are under your care and control that as long as you provide them with a warm loving environment it does not matter whether you relocate to another state.

This is not the case. New Jersey law prohibits a custodial parent from moving with the parties’ children outside the state without court order or the non-custodial parent’s consent.

If the non-custodial parent does not consent to the move, the custodial parent must file a motion asking the Court to relocate. The Court will consider whether the children will suffer from the relocation, whether a relationship will be maintained with the non-custodial parent, and whether regular visitation is possible.