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 & Divorce
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 50-50
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
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
Continue Reading Like the Lochness Monster – A Rare Doctrine of Unclean Hands “Citing”
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
Continue Reading Appellate Division Overturns Order Denying Motion to Vacate 8 Year Old Divorce for Fraud
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
Continue Reading How is Deferred Compensation that is Granted Pre-Complaint, but Vests Post-Complaint, Divided?
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
Continue Reading I’m Not a Cat, But Can I Get Divorced Over Zoom Anyway?
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
Continue Reading Mistakes Happen: How the Law Treats Mistakes in Marital Settlement Agreements
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
Most of our cases dealing with enforceability of prenuptial agreements stem from marriages that end by divorce and involve one party seeking to enforce the agreement and the other party
Continue Reading Prenuptial Agreement and Full Financial Disclosure Withstands Marriage Ending by Death and Not Divorce
