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?
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 Property
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?
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 Doctrine
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 style
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
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
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