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).
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 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.
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.
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!
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.
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.] 
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
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.
Let’s say you and your spouse want a divorce but you don’t want to hire attorneys. The two of you feel that you can draft a reasonable property settlement agreement and work with the county court clerk regarding procedural matters.
Beware of your future. Your ex-spouse may challenge the validity of the property settlement agreement, although it will be difficult. New Jersey Courts have held it is a fundamental principle that “the settlement of litigation ranks high in our public policy.” Jannarone v. W.T. Co., 65 N.J. Super. 476, 168 A.2d72 (App. Div.) certif.. denied, 35 N.J. 61, 171 A.2d 147 (1962).
Courts encourage parties to settle. Therefore, Courts are not likely to overturn agreements entered into by the parties voluntarily.
http://www.childsupportweb.com
Does it sound reasonable for a parent to seek a downward modification of his/her child support obligation when he/she has substantial assets sitting a 401(k) account that are not considered in the child support calculation? What about the child’s right to financial support?
A party’s contribution into a 401(k) account and the income generated in a 401(k) are not used in the child support calculation as it is not considered available to the defendant over an extended period of time. The assets are not ordinarily accessible and the party withdrawing from the account would face an exorbinant tax burden for withdrawing money prior to retirement.
Forrestall v. Forrestall, 389 N.J.Super. 1, 910 A.2d 621 (2006).
New Jersey Family Law Blog