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For more than twenty years, the case of Brown v. Brown, decided by the Appellate Division in 2002, essentially changed the standard of value in divorce cases from fair market value to fair value or fair market value without discounts. For more than 60 years, “Fair market value” is defined…
Continue Reading Is it Time To Stop Reflexively Applying Brown v. Brown to Disallow Discounts When Valuing a Marital Interest in a Business?COVID-19 Vaccine Parental Disputes – Is There Really A Difference Between Arguing Against The Initial Shot and The Booster
If you follow the COVID-19 news cycle, you know that there is approval for the…
Continue Reading COVID-19 Vaccine Parental Disputes – Is There Really A Difference Between Arguing Against The Initial Shot and The BoosterWhen Dealing With A Motion to Terminate Alimony, Courts Can Consider Prospective Retirement – No Really, They Can
When the alimony statute was modified in 2014, aside from making 67 the presumptive, good…
Continue Reading When Dealing With A Motion to Terminate Alimony, Courts Can Consider Prospective Retirement – No Really, They CanFor decades, cohabitation was grounds to at least get a review of alimony. When the…
Continue Reading Why Do Judges Keep Wrongly Denying Cohabitation MotionsThe Latest
Over the years, I have written a lot on palimony cases, both before and after the landmark Maeker v. Ross case that I argued in the New Jersey Supreme…
Continue Reading Appellate Division Applies Moynihan Palimony Decision RetroactivelyRight to Counsel and Notice of Consequences of a Domestic Violence Finding is Required Before – Not After- the Finding
Seems pretty obvious that if a court is going to explain the ramifications of the right to have counsel in a domestic violence matter and the ramifications of the entry…
Continue Reading Right to Counsel and Notice of Consequences of a Domestic Violence Finding is Required Before – Not After- the FindingThe Superior Court of New Jersey, Appellate Division answered this question on April 11, 2022 in Christine Ann Devers v. Jeffrey Eric Devers. The parties were divorced in May…
Continue Reading With Prejudice v. Without Prejudice: When is a Judgment or Order Final?Given the transient tendencies of today’s society, jurisdictional issues arise quite frequently in divorces, custody matters and requests for financial support. Some examples include, but are not limited to, when…
Continue Reading Jurisdictional Concerns & Paternity ActionsThe law in New Jersey regarding palimony continues to incrementally evolve, as I have blogged about in the past. A few years ago, I argued the Maeker v. Ross case…
Continue Reading Do I Need a Lawyer for My Palimony Agreement? Supreme Court Says No!Reported Appellate Division Decision Touches on Incapacitation, Guardianship & Divorce
We previously blogged in 2014 about Marsico v. Marsico, where the trial court barred a litigant from appearing and testifying in a divorce matter through a designated power of…
Continue Reading Reported Appellate Division Decision Touches on Incapacitation, Guardianship & DivorceAppellate Division Provides Rationale as to Why Businesses are Rarely Divided 50-50
While there are always exceptions to the rule, unlike most other assets, though I have seen it happen, businesses are rarely divided 50-50. Yet there is very little case law…
Continue Reading Appellate Division Provides Rationale as to Why Businesses are Rarely Divided 50-50Prior to September 1, 2021, name change applications were required to be made public both upon request for inspection (Rules 1:2-1, 1:38-1) and by way of a publication requirement in…
Continue Reading Good Cause to Seal Name Change Applications for Transgender LitigantsWhen parties settle their cases, many if not most, expect that their agreement that they spent months or years negotiation will finally provide them with some peace. After all, if…
Continue Reading Court Sells Vacation Home to Pay Alimony and Equitable Distribution ArrearsThe Family Law Practice Group
Family law issues frequently involve a complex mixture of emotion, history, assets and goals. Fox Rothschild’s experienced family law attorneys provide clients with comprehensive representation and guidance to enable sound and creative thinking about their plans for the future.