Duress has long been considered by New Jersey courts as a cognizable defense where the provision of a Get – defined as a Jewish ecclesiastical divorce – is conditioned upon a
Continue Reading Religious Coercion is Legal Duress
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 DoctrineVacating an Arbitration Award in the Bais Din – Part I
I’ve previously blogged about issues surrounding the Agreement to Arbitrate and how that may be set aside in certain circumstances. But what about a case where the Agreement to Arbitrate
Continue Reading Vacating an Arbitration Award in the Bais Din – Part IAppellate Division Defines the Elements a Movant Must Present in Order to Demonstrate a Prima Facie Case of Cohabitation
Six years, nine months and 7 days following the enactment of New Jersey’s amended alimony statute’s cohabitation provision on September 10, 2014 (N.J.S.A. 2A:32-23n) the New Jersey Appellate Division provided
Continue Reading Appellate Division Defines the Elements a Movant Must Present in Order to Demonstrate a Prima Facie Case of Cohabitation
Is the Prenuptial Agreement Signed after the Wedding Really a Prenuptial Agreement?
I have seen this more than one time in my career. One party (or his/her family members) really wants there to be a prenuptial agreement but, either due to lack
Continue Reading Is the Prenuptial Agreement Signed after the Wedding Really a Prenuptial Agreement?
I’m Not a Cat, But Can I Get Divorced Over Zoom Anyway?
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?
Mistakes Happen: How the Law Treats Mistakes in Marital Settlement Agreements
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
Does the Marital Lifestyle Matter When it Comes to Enforcing a Pre-nuptial Agreement?
A recent unpublished (non-precedential) decision, Steffens v. Steffens, suggests that the answer to the above question is “no.”
In Steffens, the Wife sought to set aside a prenuptial agreement,
Continue Reading Does the Marital Lifestyle Matter When it Comes to Enforcing a Pre-nuptial Agreement?
Mediate, Alleviate, Try Not to Hate…Lessons Learned from 80s Icons
Ah, the 80s and MTV when bands still made music videos and we still cared to watch them. Many of you may remember the video for the INXS song “Mediate”
Continue Reading Mediate, Alleviate, Try Not to Hate…Lessons Learned from 80s Icons
This Agreement to Arbitrate Will Self-Destruct in 3…2…1…
Arbitration – essentially, a private trial in which the parties hire a fact-finder who serves in lieu of a judge – has become an increasingly common means of resolving family
Continue Reading This Agreement to Arbitrate Will Self-Destruct in 3…2…1…