Court Denied the Partitioning of Real Property

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 In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court’s order denying the partitioning of real property and granting a money judgment to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…

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

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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of defendant’s request to enforce an agreement after mediation but never put into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…

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

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 In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s entry of a Final Restraining Order (FRO) against defendant after running over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…

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DISSOLVING A FINAL RESTRAINING ORDER IN NEW JERSEY

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 In a recent unpublished decision, the Appellate Division of New Jersey affirmed the denial of a motion to dissolve a Final Restraining Order (FRO) after defendant failed to complete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…

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PALIMONY AGREEMENTS NO LONGER REQUIRE PRIVATE ATTORNEY INVOLVEMENT FOR ENFORCEMENT

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…

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

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…

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

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…

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

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…

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

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,…

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