Is the spousal privilege about to end?

It has been long established in NJ that private communications between spouses are protected and a spouse cannot be compelled to disclose the subject of the communications – even if the subject is illegal activity. A new bill before the NJ legislature may end the privilege in certain circumstances. This could have a huge impact on couples and each spouse should keep this possible law in mind if and when they decide to “open up”.  http://www.njlawjournal.com/home/id=1202670608131?kw=Bill%20Would%20Create%20Crime-Fraud%20Exception%20to%20Spousal%20Privilege&et=editorial&bu=New%20Jersey%20Law%20Journal&cn=20140919&src=EMC-Email&pt=Daily%20News%20Alert&slreturn=20140819090151

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Letter to the Editor on NJ Alimony Reform

Letter to the Editor  The debate over the appropriate measure of alimony reform continues in NJ.  See my letter to the editor published in the Times of Trenton today, June 19, 2014, for my thoughts on the matter.

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Doing what we can to make divorce easier.

At the Durst Firm understand how difficult divorce can be. There is no doubt that going through a divorce is an emotionally and financially taxing process and one you may not have wished to experience. There is nothing we, or any other attorney, can do to make a divorce easy. However we do all we can to make the divorce process easier for our clients. One of the ways we can reduce the stress level you are experiencing is by arranging to meet with you at an office location convenient to your work or home. The Durst Firm has the capability to meet with clients across the state of New Jersey. We are a client focused firm dedicated to achieving the best results possible for our clients. The Durst firm is focused on family law.

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My divorce is over & I want to move out of NJ with our kids. What do I do?

In today’s mobile society individuals are more frequently presented with the opportunity to relocate from NJ one their divorce is finalized. The move may be for a new job opportunity, in order to pursue a new personal relationship, or to be closer to family. If you are the custodial parent, there are steps that must be taken prior to your move.

First, as the custodial parent, unless your settlement agreement preauthorizes a move, you cannot relocate outside of NJ without the consent of the other parent or a court order permitting the move.

Filing a motion seeking the court’s permission takes time. For this reason, it is suggested that you not wait until the very last minute as the opportunity related to the move could be lost as the legal process unfolds. It is best to raise the issue of a possible move as early as possible with your former spouse. By doing so you can attempt to obtain their consent. Doing so will also allow time for the exchange of information and for the filing of a motion if that becomes necessary.

In bringing a motion before the court you will need to identify the good faith reasons for the move and a proposal on how to minimize the impact of the move on the other parent’s parenting time. A comprehensive analysis can be found in the seminal case of Baures v. Lewis<

If you are considering a move, consult with an experienced family law attorney to determine the proper strategy and approach.

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Is it legal to record a conversation with my spouse?

The recent scandal involving the owner of the L.A. Clippers raises an important issue for individuals going through a divorce in NJ. As we all know, the firestorm erupted because a recording of a conversation was leaked to the media. During a divorce case, I often am asked by my clients if they can or should record conversations with their spouse. The advice I give them ONLY reflects the current state of the law in New Jersey. If you live in another state or intend to record a conversation outside of New Jersey you must first check the laws of that particular jurisdiction.

In NJ, it is permissible to make an audio recording of any conversation to which you are a party. You do not need to alert the other participants and you do not need their consent. Again, you must be a party to the conversation. You cannot leave a recording device in a room or surreptitiously connected to a phone and record a conversation of which you are not a participant. Therefore, I always advise my clients to make sure that their voice is captured on the recording so that it is possible to confirm their participation.

If you plan an making a recording, you must be very careful about your own conduct as the entire recording can be admitted into evidence. This means that if you seek to introduce the favorable statements the other side can listen to the entire recording and use an unfavorable statements against you. While it may go without saying, it is imperative that you do not doctor, edit, or otherwise alter that tape.

Make the recordings available to your attorney as soon as possible so that he or she can review them and assess the value of the content. There are additional evidentiary rules your attorney will need to address prior to using the recordings in court.

In summary, while it is permissible to record conversations you must do so carefully for maximum impact and to avoid legal issues.

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