Court Denied the Partitioning of Real Property

September 8, 2022

Michelle Herman v. Anthony Lamanna, Sr. Docket No. A-0049-21 Decided September 7, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court’s order denying the partitioning of real property and granting a money judgment to Plaintiff. In this matter, the parties began dating…

Unless Divorce and Custody Agreements Are Reduced to Writing and Signed by the Parties Normally the Agreement Is Not Going to Be Enforceable

June 30, 2022

Goethals v. Goethals Docket No. A-3657-20 Decided June 29, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of defendant’s request to enforce an agreement after mediation but never put into writing. In Goethals, after fifteen years of marriage, the…

Final Restraining Order (FRO) Affirmed Against Defendant After Running Over Plaintiff’s Foot During a Parenting Exchange

March 30, 2022

O.T. v. M.T., Jr. Docket No. 2257-20 Decided March 28, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s entry of a Final Restraining Order (FRO) against defendant after running over plaintiff’s foot during a parenting exchange. In O.T., The parties…

DISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY

March 12, 2022

C.A. v. J.E.A. Docket No. A-4512-19 Decided March 10, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to complete his counseling and continued to purchase alcohol despite attending…

PALIMONY AGREEMENTS NO LONGER REQUIRE PRIVATE ATTORNEY INVOLVEMENT FOR ENFORCEMENT

March 10, 2022

Kathleen Moynihan v. Edward Lynch Docket No. A-64-20 Decided March 8, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent decision the Supreme Court of New Jersey struck down a provision requiring private attorney review/involvement in palimony agreements as unconstitutional. Palimony agreements are usually between non-married couples for financial support in exchange for…

Final Restraining Order (FRO) Against the Defendant Vacated Because There Were No Facts in The Record to Support Plaintiff’s Need for an FRO

February 19, 2022

E.A.M. v. M.S.M. Docket No. A-1527-20 Decided February 15, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed and vacated a Final Restraining Order (FRO) against the defendant because there were no facts in the record to support plaintiff’s need for an FRO. In…

Final Restraining Order (FRO) Implemented After Evidence Was Presented Plaintiff Found Several Trackers on His Car and His Parents’ Cars

February 10, 2022

V.P. v. K.C.B. Docket No. A-2515-19 Decided February 9, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s entry of a Final Restraining Order (FRO) after evidence was presented plaintiff found several trackers on his car and his parents’ cars, as…

Requests To Remove Children Out of State to Reside with A Parent Are Reviewed by The Best Interests of The Child

January 20, 2022

T.Z.S. v. A.G.W. Docket No. A-0898-20 Decided January 19, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s denial of a custody removal application for defendant living in North Carolina and ordered a plenary hearing because of disputed material facts that…

A Child Living Away at Boarding School May Warrant a Modification of Child Support

July 7, 2021

Baeszler v. Baeszler Docket No. A-4669-18 Decided July 6, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed in part a trial court’s denial to modify an arbitration award finding a child living away in boarding school is changed circumstances sufficient to modify child support. In Baeszler,…

Modification Of Custody in A Post-Divorce Judgment Matter in Which the Parties Were Both Attorneys

June 3, 2021

Abdelkader v. Hosny Docket No. A-1816-19 Decided June 2, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s modification of custody in a post divorce judgment matter in which the parties were both attorneys. In Abdelkader, a post judgment divorce matter, the Court reviewed…