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Category Archives: Interspousal Agreements

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NEW JERSEY FAMILY LAW PODCAST SERIES PRESENTS: STOP. COLLABORATE. LISTEN.

Posted in Interspousal Agreements, Mediation/Arbitration, Practice Issues, Property Settlement Agreements

In the third installment of our New Jersey Family Law Podcast Series, we are proud to present – Stop.  Collaborate.  Listen.  Based on one of our earlier blog posts, Eliana Baer and I discuss why these three words are so critical to a successful outcome in divorce mediations, while highlighting the perils that can occur when divorcing spouses refuse… Continue Reading

APPELLATE DIVISION FINDS THAT TRIAL COURT ERRED IN DIVESTING NEW JERSEY OF JURISDICTION OVER CUSTODY AND PARENTING TIME ISSUES

Posted in Custody, Interspousal Agreements, Visitation/Parenting Time

Decisions involving New Jersey’s Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) are often very complicated matters that require courts to undertake an extremely detailed, fact-specific analysis to ensure that the issue of jurisdiction – what state or country should hear the matter – is properly made.  As a result, before you review this blog post discussing S.B…. Continue Reading

DIVORCE “GIFTS” FOR THE EIGHT CRAZY NIGHTS OF HANUKKAH

Posted in Alimony, Custody, Divorce, Interspousal Agreements, Practice Issues

While I never thought that I would be quoting Adam Sandler on this blog, now is as good a time as any.  As he once famously sang, “Hanukkah is the festival of lights.  Instead of one day of presents, we have eight crazy nights.”  My kids are certainly ready to go, already asking what presents… Continue Reading

IF YOU THINK A PARENTING COORDINATOR SOUNDS LIKE JUST THE SOLUTION TO ASSIST PARENTS WHO HAVE A FINAL RESTRAINING ORDER – THINK AGAIN

Posted in Divorce, Domestic Violence, Interspousal Agreements, Practice Issues, Visitation/Parenting Time

In the unpublished (non-precedential) recent case of N.G. v. N.B.G., the Appellate Court declined to enforce a provision in the parties’ Marital Settlement Agreement that permitted the parties to retain a Parenting Coordinator to resolve co-parenting issues, due to the existence of a Final Restraining Order  (I note that the FRO was in existence at… Continue Reading

THE GRAY DIVORCE AND ITS EFFECTS ON YOUR EX’S SOCIAL SECURITY BENEFITS

Posted in Alimony, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Practice Issues, Property Settlement Agreements

Several weeks ago, I wrote a blog post about “The Gray Divorce” phenomenon now sweeping the nation.  As I highlighted in my blog post, whereas the divorce rate among those 50+ was only 10% in 1990, it is now a staggering 25%. While certainly an interesting statistic and perhaps a telling sociological commentary on the… Continue Reading

SPELL OUT YOUR INTENTIONS WHEN IT COMES TO YOUR DIVORCE AGREEMENT

Posted in Custody, Divorce, Interspousal Agreements, Modification, Practice Issues, Property Settlement Agreements, Visitation/Parenting Time

Although none of us can see the future (not yet anyway), when drafting a divorce agreement it is absolutely imperative to include as many potential future scenarios that you foresee to occur.  Equally, if not more important, is to actually spell out exactly what your intentions and expectations are and provide examples if necessary.  More often than… Continue Reading

THE JEWISH PRENUP: A GLIMMER OF HOPE IN THE OTHERWISE MURKY WATERS OF GET RESOLUTION

Posted in Divorce, Interspousal Agreements, Practice Issues, Prenuptial Agreements

Yesterday, I posted about the struggles of Gital Dodelson, a 25 year old New Jersey resident who is fighting to obtain a Get – the bill which the husband gives to the wife in order to free her to marry again. Therein, I noted that remedies under New Jersey law are limited, at best, when… Continue Reading

THE VERY GROUCHY LADYBUG – A DIVORCE PARABLE?

Posted in Divorce, Domestic Violence, Interspousal Agreements, Mediation/Arbitration, Practice Issues

One of my kids’ absolute favorite books is The Very Grouchy Ladybug by Eric Carle.  We must have read the book together over 100 times, with each of us taking turns reading the parts of the animals that the so-called grouchy ladybug encounters throughout his day.  The book carries an anti-bullying theme, as each animal that… Continue Reading

THE BUTTERFLY EFFECT AND THE GRAY DIVORCE; A THEORY IN PROGRESS

Posted in Divorce, Equitable Distribution, Interspousal Agreements, Practice Issues, Resources

It has been said that something as small as the flutter of a butterfly’s wing can ultimately cause a typhoon halfway around the world – Chaos Theory This is one of those “butterfly effect” theories, which I always love.  It tells us how a woman flapping her proverbial wings in the 1950’s and entering a… 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

Settlement Agreement Provision Mandating Modifications to be in Writing Can be Superseded by Conduct

Posted in Interspousal Agreements, Practice Issues

Most, if not almost every matrimonial settlement agreement that I have seen contains language providing that modifications to the agreement must be in writing to be effective.  What happens, then, when an agreement is orally modified, and then the parties abide by that oral modification?  This was one of the issues on appeal in the new unpublished (not precedential)… Continue Reading

Just Because An Adult Child Lives at Home, Does Not Mean Child Support Continues

Posted in Child Support, College, Custody, Divorce, Interspousal Agreements, Modification

The number of college graduates living with their parents has almost doubled since 2007. Currently, over 45% of 26-year-olds live at home with their parents. The figures highlight the difficulty that many young Americans have had in establishing careers following the longest recession this country has faced since the Great Depression. Some children, although employed,… Continue Reading

Alimony Modification – A Judge’s Checklist

Posted in Alimony, Child Support, Divorce, Interspousal Agreements, Modification, Practice Issues, Property Settlement Agreements

Most people are aware that a supporting spouse may be entitled to modify an alimony obligation upon a showing of “changed circumstances.” However, many people do not know that the “leg-work” that they have to do to set themselves up to succeed on such a Motion begins long before the parties ever go to Court,… 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

Modification of Support Clause: Not Just Simple Boilerplate

Posted in Alimony, Interspousal Agreements, Modification

 Virtually every interspousal agreement contains a modification clause whereby the parties set forth procedures for subsequent enforceable modification. Many are constructed as follows: No modification or waiver of any of the terms of this Agreement shall be valid unless: (1) in writing and executed by the party to be charged; or (2) ordered by a court of… Continue Reading

Changed Circumstances Is A Two Way Street, the Appellate Division Says

Posted in Alimony, Child Support, Divorce, Interspousal Agreements, Modification, Practice Issues, Property Settlement Agreements

It is well-settled law in New Jersey that child support and alimony awards are always modifiable. While there is an abundance of case law in the area of post-judgment modifications of support obligations, particularly in this economic climate, the most often cited case for modification is the seminal New Jersey case of Lepis v. Lepis,… Continue Reading

THE TREATMENT OF MILITARY PENSIONS IN NEW JERSEY: THE APPELLATE DIVISION SPEAKS, IS THE COVERTURE FRACTION STILL VIABLE?

Posted in Equitable Distribution, Interspousal Agreements, Property Settlement Agreements

This blog post is written with input from Eliana T. Baer, who, along with Robert A. Epstein, was instrumental to the outcome of the below case. I thank them both for their extensive time and efforts, without which this result would not have been possible. An important reported decision was decided by the Appellate Division… Continue Reading

More on when a settlement is a Settlement

Posted in Interspousal Agreements, Other, Practice Issues

A recent case in which one party sought to enforce a purported settlement demonstrates the difficulties that arise when there is no signed agreement. In the unreported ( non-precedential) case of Galdo v. Hagarty, the parties were both represented by counsel during a dispute about the payment of child support and college expenses for one of… Continue Reading

Failure to Hold a Plenary Hearing When There Were Conflicting Certifications Regarding Alleged Fraud Was Reversible Error

Posted in Interspousal Agreements, Modification, Practice Issues

We have recently blogged on the requirement that there be oral argument on substantive motions if it is requested.  Another requirement is that court’s should hold plenary hearings (i.e. trials) when there are conflicting certifications regarding a material fact in dispute.  That requirement was made clear again in the unreported (non-precedential) decision in Marquez v. Cabrera released… Continue Reading