Judges may invoke specific performance remedy, appeals panel says By Mary Pat Gallagher New Jersey Law Journal March 10, 2009 When couples break up, judges can decide who gets custody of pets based on their unique sentimental value, a New Jersey appeals court ruled Tuesday, setting a precedent in the…
Thorpe v. Wiggan, 405 N.J. Super. 68, (2009). The doctrine of parental immunity has always protected parents from judicial intervention in normal child rearing decisions. The New Jersey Superior Court Appellate Division recently reexamined this doctrine in Thorpe v. Wiggan. This matter involves the tragic death of a four year-old…
By Michael Booth New Jersey Law Journal The Senate Judiciary Committee on Monday approved bipartisan-sponsored legislation that would require all palimony agreements to be in writing and signed in order to be enforceable. The bill, S-2091 , amends N.J.S.A. 25:1-5, which already requires that prenuptial agreements be put into writing,…
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…