Equitable Distribution
The Black Hole is Closed – New Law Permits Equitable Distribution When Party Dies While a Divorce is Pending
What happens when a party dies in the middle of divorce? Under the law, the divorce action abates and the matter is over. In many cases, that is to the…
Continue Reading The Black Hole is Closed – New Law Permits Equitable Distribution When Party Dies While a Divorce is PendingThe 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 EditionThe Intersection of Family Law, Estate Law and Federal Law
On November 14, 2023, the Appellate Division decided an interesting case that implicated the intersection of family law, estate law and federal law. The reported (precedential) decision In the Matter…
Continue Reading The Intersection of Family Law, Estate Law and Federal LawIs 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?Premarital Cats Treated as Property
From time to time, we have written regarding pet custody, though there is very little case law on the issue. Historically, pets were treated as chattel (property) and courts did…
Continue Reading Premarital Cats Treated as PropertyBe 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