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Category Archives: Counsel Fee Awards

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The Matrimonial Millstone: An Exit Strategy from a Detached Defendant

Posted in Alimony, Child Support, Counsel Fee Awards, Divorce, Equitable Distribution, Visitation/Parenting Time

In the early 20th century, Dr. Duncan MacDougall attempted to quantify the mass lost when the soul departed the body upon death. This study has perpetuated the weight idiosyncratically known as “21 Grams.” Although this theory has largely been dismissed by later studies, the better question is: how much weight does your soul bear going… Continue Reading

STOP, COLLABORATE AND LISTEN – SETTLEMENT IN MEDIATION

Posted in Counsel Fee Awards, Custody, Divorce, Practice Issues

The golden words in this blog title once spoken by Robert Van Winkle (more famously known by another name) could and should be well heeded by family lawyers and litigants when trying to settle a case.  So why, then, are they so often ignored?  I recently attended a mediation in a case where, as soon as I walked into… Continue Reading

DIVORCE RESOURCE: NEVER UNDERESTIMATE THE VALUE OF EXPERTS

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Practice Issues, Property Settlement Agreements, Resources, Visitation/Parenting Time

Last week, I blogged about the Information Asymmetry and how important it is for you to educate yourself going in to the divorce process so that you can meaningfully assist your attorney with your case.  But what about your attorney? And what about your Judge?  Isn’t it important for them to also be as informed… Continue Reading

THE INFORMATION ASYMMETRY AND THE DIVORCE PROCESS: AN UNLIKELY PAIR

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Tax Exemption, Visitation/Parenting Time

What do divorce and economics have in common?  Well, a lot. But today I am focusing on the unlikely link between the theory of information asymmetry – which deals with the study of decisions in transactions where one party has more or better information than the other – and the New Jersey Divorce App.  … Continue Reading

ASSET IDENTIFIER: THERE’S A (NEW JERSEY DIVORCE) APP FOR THAT

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, College, Counsel Fee Awards, Divorce, Equitable Distribution, Interspousal Agreements, Practice Issues

Today, I am highlighting another feature of our New Jersey Divorce App, the Asset Identifier.  While the “Finance Tracker” gives you the ability to input your more commonly identifiable assets such as your house, car, boat, bank accounts, the Asset Identifier does something a little bit different. It is important when considering what each party… Continue Reading

TERMINATING ALIMONY FOR TERMINALLY ILL PATIENT – EASY, RIGHT? WRONG.

Posted in Alimony, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Divorce, Interspousal Agreements, Modification, Other, Property Settlement Agreements

Recently I lost a dear client and friend, Bill*, after his long battle with brain cancer.  Bill was a man with a kind-hearted spirit and a gentle disposition – one of those “really nice guys” that you just wanted to bend over backwards to help. While Bill was fortunate enough to spend his last days… Continue Reading

Tracking Finances: There’s a (New Jersey Divorce) App For That.

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Cohabitants' Rights, College, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Other, Practice Issues, Prenuptial Agreements, Privacy and Confidentiality, Property Settlement Agreements, Resources, Tax Exemption, Uncategorized

Oftentimes I hear from clients that gathering their financial information is the most daunting task they will face during the divorce process. They picture being buried in an avalanche of documents, account numbers and canceled checks. The New Jersey Divorce App’s Finance Tracker can help.  In fact, I have recommended it to my clients before,… Continue Reading

THE DIVORCE FINANCIER AND ITS IMPACT ON DIVORCE LITIGATION

Posted in Counsel Fee Awards, Uncategorized

I came across several news outlets yesterday running a story about the “Divorce Fairy”, otherwise nicknamed the “Divorce Fixer” or the “Robin Hood for divorcing women”.  The story discussed a particular divorce finance firm located in Manhattan, which loans money to divorce litigants typically in the New York/New Jersey area, so that the litigant can… Continue Reading

Did a Property Transfer Occur? Husband Could not Rely on the Property Settlement Agreement to Compel the Sale of the Marital Home Because the Deed Controlled.

Posted in Counsel Fee Awards, Divorce, Equitable Distribution, Interspousal Agreements, Modification, Practice Issues, Property Settlement Agreements

An interesting issue was recently considered by the Court in the case of Muller v. Muller. Specifically, the Appellate Division examined whether a husband could compel the sale of the marital home when he had conveyed his interest by way of deed about ten years earlier, but the parties’ Property Settlement Agreement (“PSA”) had provided… Continue Reading

Provision for Payment of Counsel Fees for Non-Compliance in Settlement Agreement Enforced by the Appellate Division

Posted in Counsel Fee Awards, Practice Issues

Very often, when parties settle their cases, in their Marital Settlement Agreement (a/k/a Property Settlement Agreement), there is a provision to the effect that if a party does not comply with the Agreement, they will be liable for the other party’s fees if the Agreement has to be enforced in Court.  That said, court’s more… Continue Reading

NEW APPELLATE DIVISION DECISION REGARDING PARENTING COORDINATOR GRIEVANCES AND FEES

Posted in Counsel Fee Awards, Custody, Mediation/Arbitration, Visitation/Parenting Time

Following on the heels of Eric Solotoff’s recent blog entry addressing the use of parenting coordinators, a new published (precedential) decision from the Appellate Division talks about grievances against parenting coordinators, parenting coordinator fees, and the need for a plenary hearing to address such issues.  In Segal v. Lynch, the Appellate Division addressed these issues in… Continue Reading

WHAT HAPPENS WHEN AN ORDER IS VIOLATED? CAN A COURT IMPOSE SANCTIONS?

Posted in Counsel Fee Awards, Equitable Distribution, Practice Issues

Many divorces involve distribution of assets, including pensions.  To protect the non-titled party entitled to receive a share of the asset, i.e. pension, the court may mandate or the parties will negotiate security to ensure receipt of the value of the asset.  In a recent unpublished post judgment Appellate Division decision, Brown v. Brown, decided January… Continue Reading

Appellate Division Holds that Trial Court Cannot Cap a Party’s Counsel Fees

Posted in Counsel Fee Awards, Practice Issues

Can a trial court tell a litigant is a divorce that they don’t have to pay their lawyer more than a capped amount.?  On November 30, 2010, the Appellate Division in the unreported case entitled McClutchy v. McClutchy answered this question no. In this case, what apparently was a hotly contested matter that went to trial,… Continue Reading

IF I WIN, DO I GET COUNSEL FEES?

Posted in Counsel Fee Awards

In New Jersey, a family court judge has authority to award counsel fees to one of the litigants pursuant to Rule 4:42-9(a)(1);  Rule 5:3-5(c); and the New Jersey Supreme Court decision of Williams v. Williams, 59 NJ 229, 233 (1971).  Additionally, a court is guided by the "the factors set forth in the court rule… Continue Reading