Last week, I blogged about whether you should settle your retirement alimony case and the ingredients that might go into that decision. To be honest, this “why you should or should not settle” question is only the beginning of what you might be facing when you decide it is time to retire and terminate your
How Not to Settle Your Case
Several years ago I did a post on this blog of the same name and then updated it some time later. The list then, as re-compiled below, are things to do if you really don’t want to settle your case. As I said before, everybody is entitled to their day in court if they want
Mind Your Manners
Credibility is key when it comes to matrimonial litigation – from your initial filing through the last day of trial. In our practice, we can often make educated guesses of the range for equitable distribution and alimony from the initial consultation based upon the many statutory factors that a court has to consider and some
You Can’t Disregard the Partnership Agreement When Valuing a Business
In 2014, I authored a post on this blog entitled Stern Revisited – Using the Shareholder Agreement to Determine Value. I noted then that it seemed that after the Appellate Division’s decision in Brown v. Brown which changed the landscape by doing away with discounts and essentially ushered in more of a value to the
Supreme Court of New Jersey Addresses Equitable Claims and Remedies (while reinforcing a potential palimony loophole through the proverbial “black hole”)
What rights do people have to an equitable distribution of assets stemming from a period prior to the marriage itself? If there is no right to equitable distribution under those circumstances, then what rights exist and what remedies can be implemented to protect those rights? In Thieme v. Aucoin-Thieme, a post-Judgment dispute involving several
You Destroyed Our Marriage—So I’m Destroying Your Memories; Consequences for Destroying or Disposing of Personal Photographs and Videos Accumulated During Marriage
They say a picture is worth a thousand words, and in the recently unpublished (not precedential) case of C.S. v. B. S., Judge Jones determined that 25-years’ worth of family pictures destroyed by a scorned ex-wife are also worth $5,000.00.
In C.S. v. B. S., the parties divorced after approximately 25 years of
Divorce Lessons from Capt. Jack Sparrow
Johnny Depp a.k.a. Capt. Jack Sparrow is in the news again, this time for his failure to pay Amber Heard a $7 million divorce settlement. Heard had promised that any settlement that she received from Depp would be donated to charity. She has chosen two charities, the American Civil Liberties Union and the Children’s Hospital
All Apologies and the Distribution of a Famous Guitar
Perhaps Kurt Cobain knew when writing the song “All Apologies” that one day his daughter would be embroiled in a nasty divorce battle. While the lyrics, “Married, Buried, Married, Buried”, may not sound uplifting, they are undeniably classic Nirvana. Fans of the band would largely agree that the most well known live performance of the
Champagne Taste on a Beer Budget: How One Judge Determined Alimony for an Overspending Couple
I’m not usually one to place a lot of stock in celebrity gossip, but I couldn’t help but take notice of the fact that it has been rumored that Amber Heard’s monthly income is $10,000, yet she spends $44,000 a month on shopping, dining out and vacations. Her ask for spousal support: $50,000 per
Watch Out: Judges Start Getting Creative with Non-Complying Litigants and Obstructers
If I’ve heard it once, I’ve heard it a million times: “why don’t judges enforce their own orders or take hard lines against obstructers?” Many times, litigants feel powerless. Powerless to change anything; powerless to have courts take a firm position in favor of those aggrieved; and, powerless to be heard. Clients and attorneys alike