Often, people resolve the issue of the marital home with one party buying the other out. While people often agree on the value of a home to use to calculate
Continue Reading Judge Can’t Just Pick A Real Estate Appraisal He Likes Without A Hearing
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
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Appellate 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
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Court Sells Vacation Home to Pay Alimony and Equitable Distribution Arrears
When 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 Arrears
Like the Lochness Monster – A Rare Doctrine of Unclean Hands “Citing”
The Family Court in New Jersey is a court of equity. Accordingly, old, if not ancient “equitable principles” or maxims are supposed to apply. One such maxim is that he
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Appellate Division Overturns Order Denying Motion to Vacate 8 Year Old Divorce for Fraud
Frequently, judicial opinions cite the cases that say settlement of disputes ranks high in New Jersey’s public policy. Accordingly, it is very difficult to get a trial court to set
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How is Deferred Compensation that is Granted Pre-Complaint, but Vests Post-Complaint, Divided?
Last week, I blogged on the A.J.V. v. M.M.V. case, specifically, regarding the retroactive application of a savings component. As noted in the post, there was an interesting treatment of
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I’m Not a Cat, But Can I Get Divorced Over Zoom Anyway?
One thing this pandemic has taught me about my fellow lawyers: we are adaptable.
Just take the lawyer trapped in a cat filter as an example. Despite his adorable faux
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Mistakes Happen: How the Law Treats Mistakes in Marital Settlement Agreements
We made too many wrong mistakes. –Yogi Berra
What happens when you make a mistake? You correct it and move on.
What happens when you make
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New Reported Decision Confirms that Partition Remains an Equitable Remedy for Unmarried Cohabitants Without a Writing Despite 2010 Palimony Amendment
A new reported trial court decision, S.N. v. C.R.was released today, confirming that the remedy of partition is still available when non-married parties purchase a home together and there
Continue Reading New Reported Decision Confirms that Partition Remains an Equitable Remedy for Unmarried Cohabitants Without a Writing Despite 2010 Palimony Amendment