What happens when a party to a divorce proceeding, before, during or after divorce, disposes of personal property belonging to the other party? The party disposing of the personal property will be penalized in some fashion. This question came to the forefront in the Superior Court, Ocean County before the Hon. L.R. Jones, a question that comes up frequently in NJ Family Law.
In this case, C.S. v. B.S., the parties made an agreement, later ordered by the court, to share the photos and videos taken during the 25 year marriage, all of which were in the possession of the wife. The wife provided the husband with only a few photos of his boyhood, one of which was ripped into pieces. Before bringing a court action, the husband attempted to get the wife to comply with the Order to share marital photos, and she responded by saying that she had gotten rid of all photos because she did not want to be reminded of him. The photos and videos were kept in a big footlocker and various boxes at the former marital home, so they were nowhere the wife would have been regularly seeing them.
These photos and videos disposed of by the wife included their child’s birth, weddings, graduations, family celebrations and various family parties and gatherings, of great sentimental value. The husband brought this action seeking a remedy for the wife’s failure to comply with the court’s order to share the marital photos and videos and her, in fact, having disposed of it all. Continue Reading →