Over the years, I have blogged several times on the Appellate Division rejecting a trial court’s use of a formula to calculate alimony as opposed to a fulsome consideration of
Continue Reading So Alimony Formulas are Sometimes OK?Alimony
Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony
Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at…
Continue Reading Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase AlimonyThe New Year’s Resolution Divorce – 2024 Edition
For many divorce attorneys, the busy season starts after the first of the year. Since practically the inception of this blog, I have posted on the phenomenon of the New…
Continue Reading The New Year’s Resolution Divorce – 2024 EditionSupreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to Show
Despite the Appellate Division decision in the Temple case in 2021 that seemingly made it easier to show a prima facie case of cohabitation necessary to get discovery and perhaps…
Continue Reading Supreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to ShowIs a Gift a Gift if You Don’t Know You Got it?
The issue of gifting comes up with some frequency in family law cases. Generally, gifts from third parties that are not subsequently commingled are exempt from equitable distribution. Parties also…
Continue Reading Is a Gift a Gift if You Don’t Know You Got it?Trial Court Applies Wrong Retirement Standard to a Pre-2014 Alimony Obligation
I still hear people call the 2014 Amendments to the alimony statute “the new statute.” Almost 9 years later, it is no longer new. That said, since that time, there…
Continue Reading Trial Court Applies Wrong Retirement Standard to a Pre-2014 Alimony ObligationBe Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?
One of the first options to consider when you start your divorce is whether you want to proceed through litigation, mediation, or arbitration.
In general, at the outset of a…
Continue Reading Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?Delay, Waiver & Law of the Case Doctrine
Deadlines are commonplace in Marital Settlement Agreements negotiated incident to a divorce. In fact, most Orders from the Court contain time-sensitive obligations. But, what happens when someone misses that date…
Continue Reading Delay, Waiver & Law of the Case DoctrineTop 10 Posts Read in 2022 – JD Supra style
Yesterday, I posted the Top 10 Posts in 2022 on our NJ Family Law Blog as measured by page views. Aside from publishing the posts directly on our blog, the…
Continue Reading Top 10 Posts Read in 2022 – JD Supra styleTop 10 Posts of 2022
The end of the year is the time for holiday merriment and top 10 lists. As a kid, I used to love to listen to Casey Kasem’s countdown of the…
Continue Reading Top 10 Posts of 2022