Article by Timothy Duggan, Chair of the Firm’s Bankruptcy & Creditor’s Rights Group which discusses a recent New Jersey Bankruptcy Court decision and the implications it has on matrimonial lawyers.
Whiting v. Krassner, etc. – In a precedential decision, the Third Circuit panel held that the District Court had jurisdiction, pursuant to 28 U.S.C. sec. 1331 and 42 U.S.C. sec. 11603(a), over the plaintiff-mother’s petition under the Hague Convention on the Civil Aspects of Child Abduction.
In a recent appellate court decision, the court has provided further guidance to a litigant seeking to decrease or terminate their alimony obligation.
Several years ago, the New Jersey Administrative Office of the Courts and the New Jersey Supreme Court implemented a very well intended program designed to increase the efficiency of the New Jersey court system and reduce the backlog/waiting time for litigants. One component of the program fixes dates for the completion of pre trial discovery and requires the trial courts to enforce those discovery deadlines.
New York Times article discusses how matrimonial lawyers, bar associations and judges in the state are pushing to have the current divorce law changed in New York State. The article claims that by some measures, New York State has the most obstacles to divorce in the nation.
The United States Supreme Court declined to hear an application entitled Largess v. Supreme Judicial Court of the State of Massachusetts, which challenged the constitutional propriety of the Massachusett’s Supreme Court’s decision to legalize gay marriages in that state.
The New Jersey Uniform Mediation Act was signed into law and became immediately effective November 22, 2004. Since persons often attempt to resolve their divorce issues through voluntary or Court directed mediation, the Act is particularly important to divorce attorneys and litigants.
The New Jersey Prevention of Domestic Violence Act gives the Court jurisdiction to fix an appropriate amount of temporary support at the time of entry of a restraining order.
A QDRO is the order which divides a parties pension, retirement benefits or 401K accounts at the time of a divorce. The order is customarily prepared by one of the parties attorneys or a pension consultant and submitted to the Plan Administrator for review, approval and implementation.
On October 7, 2004, the New Jersey Supreme Court refused to grant direct certification of Lewis v. Harris, a case in which seven same sex couples are seeking to legalize gay marriage.
