Author: Luther G. Jones, IV

Restraining Order

If The Trial Court Denies My Request For A Final Restraining Order, Can The Appellate Division Grant It?

Typically, if a trial court denies the entry of a Final Restraining Order, the New Jersey Appellate Division will limit its review of the trial court’s decision only to whether the trial court’s ruling was “manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to offend the interests of justice.”  […]

Courts During a Pandemic

The Importance of Alternatives to Courts During a Pandemic

Since the global pandemic and discovery of COVID-19 in March 2020, our everyday lives have been upended, forcing an adjustment to a new normal that we could not have anticipated.  The same holds true for divorcing families and how Courts, judges, lawyers and clients have handled issues in divorce and family law. There are many […]

Emancipation

Self-Emancipation of a Teenager

In Ort v. Ort, 428 N.J. Super. 290 (Ch. Div. 2012), the parties’ daughter sought a formal Order of emancipation from both of her parents.  She retained her own attorney and asserted that she wished to be emancipated from her parents so that she could legally be her own person and make her own independent […]

irreconcilable differences

Irreconcilable Differences Versus Adultery As A Grounds for Divorce – Is There A Difference?

Since 2007, New Jersey has allowed people to divorce each other based on allegations of “irreconcilable differences,” adding New Jersey to the list of States recognizing “No Fault” divorces.  See N.J.S.A. 2A:34-2.  When a spouse claims to have “irreconcilable differences” with the other spouse, there is no inquiry from the State of New Jersey as […]

Father preventing visitation rights

If I Surrender My Parental Rights, Do I Still Have Visitation Rights?

When a parent agrees to voluntarily surrender his or her parental rights, the right to visitation with that child is generally terminated. As demonstrated in a recent New Jersey Appellate Division decision, a parent who has surrendered their parental rights has a significant legal hurdle if they wish to establish a visitation schedule with the […]

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