A few months prior to her death, Basabadatta Pattanayak and her husband Sandeep Srinath executed a Marital Settlement Agreement. The Agreement included a section entitled “Equitable Distribution,” in which they divided their property and relinquished spousal support, and agreed that the husband would pay health insurance until the dissolution of the marriage. When the Agreement.. read more →

New Jersey appeals court holds that divorce and equitable distribution of marital assets may be ordered after the death of one spouse to prevent unjust enrichment and fraud. Estate of Beltra v. Beltra Plaintiff Milagros Beltra filed for divorce from her 34 year marriage to defendant Enrique Beltra. Plaintiff was terminally ill and passed away 6.. read more →

New Jersey appeals court reversed a final restraining order entered in a domestic violence lawsuit, holding that “excessive texting” from one divorced parent to the other does not necessarily amount to harassment. L.M.F. v. J.A.F.,Jr.,  Superior Court of New Jersey, Appellate Division, Docket No. A-0121-10T3, approved for publication. The parties married in 1989 and divorced.. read more →

Plaintiff husband and his wife were involved in divorce proceedings. In connection with those proceedings, plaintiff’s wife hired defendants, Innovative Investigations, Inc., and its principal Richard P. Leonard, to investigate plaintiff’s suspected infidelities. In the course of the investigation, defendant Leonard suggested to plaintiff’s wife that she place a GPS device on a family vehicle.. read more →

In January 2011, the New Jersey Institute for Continuing Legal Education (NJICLE) hosted the annual Family Law Symposium. This year an overflow crowd of over 700 family lawyers were in attendance, the largest audience to attend any program ever held by NJICLE. One presentation in the Family Law Symposium identified the “top 10 family law.. read more →

In Mary Elizabeth Walsh-Morales v. Jon D. Morales, Docket No. A0524-09T2 (Appellate Division, November 5, 2010), the state appeals court reiterated the legal standard in New Jersey which must be met before a divorced parent will be permitted to remove a child to another state. Plaintiff, a divorced mother, told defendant, her former husband, that.. read more →

This week, a New Jersey appeals court concluded, for the first time, that a cause of action for infliction of emotional distress can be asserted when one parent turns the couple’s children against the other. Segal v. Lynch, Docket No. A-0805-08T2 (App. Div., May 3, 2010) Plaintiff, the father of two minor children, filed a.. read more →