Desrochers v. Desrochers – Divorce – Irreconcilable Differences
A separation due to marital difficulties is strong evidence of an irremediable breakdown of a marriage. We are hesitant to set forth specific circumstances to be used as permissible indices of an irretrievable breakdown of a marriage. [...]
Felton v. Felton – Domestic Violence Protection Order
A court may issue a domestic violence protection order even if the parties’ dissolution decree includes a no harassment provision. The no harassment provision contains only a general prohibition whereby each party shall not annoy, harass, or interfere with the other. [...]
Kuhn v. Kuhn – Violence Against Women Act
In order to withstand a motion to dismiss for failure to state a claim, the claim must allege facts sufficiently setting forth the essential elements of the cause of action. Congress passed the Violence Against Women Act to establish a civil remedy in the form of a federal cause of action for victims of gender motivated violence. [...]
Cusseaux v. Pickett – Battered Woman's Syndrome
It is well established in New Jersey that an injured party may sustain a cause of action for serious personal and emotional injuries directly and causally related to the actions of another person. Battered woman’s syndrome is a recognized cause of civil action. [...]
Diaz v. Eli Lilly & Co. – Loss of Consortium
A wife has a cause of action for loss of consortium from injuries suffered by her spouse caused by the negligence of a third party. The common law allowed for recovery for a spouse for loss of consortium for intentional invasions of the marital relationship.
Schlueter v. Schlueter – Divorce – Property Division
A spouse cannot have an independent action for fraud on the community at divorce. Because a wronged spouse has a remedy for fraud on the community through property division upon divorce we hold that there is no independent tort cause of action between spouses for damages to the community estate. [...]
Romeo v. Romeo – Workers' Compensation
A contract between spouses even for employment is not void and unenforceable if enforcement will not affect marital harmony. The Court held that the relevant statute does not establish a substantive rule on the capacity of spouses to contract with one another.
Smith v. Organization of Foster Families for Equality & Reform – Foster Care
Foster parents do not obtain a constitutionally protected liberty interest when foster children are in their care for over one year. Most decisions treating the relation between parent and child have stressed the importance of biological relationships. [...]
New Jersey Div. of Youth and Family Services v. A.W.
Financial and economic considerations are not to be considered when the state must determine termination of parental rights for parents with uneven track records. The appropriate standard is to determine what is in the best interests of the child.
In re K.F. – Termination of Parental Rights
Severe mental illness alone is enough of a reason to terminate a mother child relationship. The mother has a severe form of schizophrenia and is unable to recognize or have insight into the symptoms and to seek aid when necessary. [...]