When you sleep on your rights, you may not get all that you were entitled to.
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No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination
Court’s cannot adopt an court appointed expert’s report without affording the parties discovery and the ability to cross examine the expert
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Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively
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
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The 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
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The 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
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Is 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
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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
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Be 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
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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
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