Family Law

The Ten Most Important Family Law Cases Reported in 2012

2012 was another banner year for reported family law decisions. Among other matters, the New Jersey Supreme Court decided Gere v. Louis, Segal v. Lynch, and D.W. v. R.W. that made the top ten. Although Justice Virginia Long's retirement brought a close to her reign as the seminal writer of family law opinions in this state, 2012 saw the emergence of Judge Marie E. Lihotz of the Appellate Division. Judge Lihotz authored Clark v. Clark, Jacoby v. Jacoby, and Ducey v. Ducey that also made the top ten. As Chair of the Supreme Court Family Part Practice Committee, Judge Lihotz is likely to remain an important voice in the development of our case law for years to come.

The following are my selections for the ten most important reported cases decided in 2012. These cases addressed significant issues relevant to the practice of divorce and family law. This presentation will review each opinion and the impact that it will have upon our practice and upon future Family Court matters. Practice tips will also be discussed as to how matrimonial attorneys can best utilize these decisions.

Read more...

The Ten Most Important Family Law Cases Reported in 2011

2011 was a banner year for reported family law decisions. The New Jersey Supreme Court alone decided five cases that made the top ten. With Justice Long's retirement scheduled for March 2012, be on the lookout for Supreme Court cases with family law implications to be decided soon, including Segal v. Lynch, 207 N.J. 190 (2011) and Gere v. Louis, 205 N.J. 271 (2011).

The following are my selections for the ten most important reported cases decided in 2011. These cases addressed significant issues relevant to the practice of divorce and family law. This presentation will review each opinion and the impact that it will have upon our practice and future Family Court matters. Practice tips will also be discussed as to how matrimonial attorneys can best utilize these decisions.

Read more...

The Ten Most Important Family Law Cases Reported in 2010

By John P. Paone, Jr.* 

In 2010, several factors limited the number of reported family law decisions.  The current economic times coupled with the costs involved in taking a case to final hearing and then up on appeal makes the process not financially feasible in many cases.  The rise of alternate dispute resolution resolving cases through mediation or arbitration, while desirable, does not advance the case law.  Finally, family law is maturing to the point where fewer novel issues arise which warrant a reported opinion.

Read more...

Dissolving Final Orders Under the Prevention of Domestic Violence Act Without the Consent of the Victim

By: John P. Paone Jr.

I. Preface

Since 1981, New Jersey courts have been entering final restraining orders (FROs) under the Prevention of Domestic Violence Act. The numbers regarding domestic violence are staggering. According to the Administrative Office of the Courts (AOC) Report on the Prevention of Domestic Violence Act, in 2003 alone, 44,316 new complaints were filed which resulted in the entry of 11,423 FROs.

Read more...

locationstransp