| The Appellate Division recently reiterated the family court's ability to remove a spouse from his/her home during a divorce case absent a domestic violence restraining order. This clarifies a long-standing ambiguity in New Jersey family law dating back to 1969 following a case called Roberts v. Roberts. In Roberts v. Roberts the Supreme Court held, simply, that the family court has the power to remove a spouse from his/her home during a divorce. However, since that date, our State Legislature passed the Domestic Violence statutes which provide an alternate mechanism for the removal of a perpetrator of domestic violence. Herein was the problem: decisions following the passage of the domestic violence laws felt the removal provisions of the statute eliminated the court's ability to remove a spouse for any other reason. Now, following the decision in Pierson v. Pierson, clarifies that the court can, once again, remove a spouse for other reasons. Now, we get to wait and see what those reasons are. For more details on this decision, send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it |
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Now you can really end up in the dog house
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