Can one attorney represent both spouses in a divorce? This issue presents itself in a multitude of scenarios: the proverbial “simple divorce” or merely reviewing a settlement agreement prepared by both spouses. As my colleague noted, if prospective clients request that you represent them both, even if it’s “simple” or merely reviewing their agreement,
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 pas, his reaction was not to jump off the Zoom call in shame. No – he said to the judge that he was willing to…
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 is evidence that the purchase is a joint venture, even if they do not have a writing as required by the 2010 amendment regarding palimony…
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…
The doctrine of fugitive disentitlement bars a fugitive from seeking relief in the judicial system whose authority he or she evades, i.e. one cannot flee the country and evade a court order and simultaneously seek the court’s protection.
Justice Virginia Long (now retired from the Supreme Court and Counsel at this firm) set forth the…
Regular readers of this blog know that we were involved in the landmark palimony case, Maeker v. Ross, which was recently decided by the New Jersey Supreme Court. We previously blogged about our win in the Appellate Division.
Unfortunately, the Supreme Court reversed, holding that the Legislature could not have intended for the statute…
Regular readers of this blog know that we were the winning attorneys in the Appellate Division in the landmark palimony case, Maeker v. Ross, as we previously blogged on that decision. As many of you know, the New Jersey Supreme Court granted Certification last year. Both the Family Law Section of the New Jersey…
Very often, we blog on cases for which we have had no involvement. Today we get to toot our own horn a little and blog on one of our cases that made new law. The case is Maeker v. Ross, a reported (precedential) opinion decided on February 4, 2013 by the Appellate Division. This case may very well represent the death knell of palimony cases as we knew them.
As we blogged about in the past, in 2010, the Legislature passed an amendment to the Statute of Frauds which required palimony agreements to be in writing and further stated that no action for palimony shall be brought unless the agreement was in writing The Appellate Division quite definitively interpreted the legislative intent of the amendment to preclude any palimony suits brought after the amendment unless there was a written agreement that complied with the amendment, even if the relationship and alleged promise for support predated the amendment. The Appellate Division stated:
… The motion judge found that plaintiff’s complaint was not barred by the 2010 amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h) (Amendment), requiring a writing memorializing palimony agreements and independent advice of counsel for each party in advance of executing any such agreement. We reverse and hold that the Amendment is enforcement legislation that addresses under what circumstances
a claimed breach of a palimony agreement may be enforced irrespective of when the purported agreement was entered.
In this case, the parties were in a more than 10 year relationship where they resided together and defendant provided for support and other financial benefits for plaintiff. There was, however, no joint property, joint accounts, and nothing other than insignificant joint financial ties. The trial judge allowed the claim for palimony to continue based upon an implied promise of support (palimony).
For those of you have have followed the continuum in New Jersey’s palimony law, October has proven to be a busy month, with not one but two opinions.
Nearly one year ago, the NJ legislature passed law that, in sum, prohibited the enforcement of palimony agreements that have not been put in writing. When the new law went into effect, we quickly blogged on the breaking news.
With the passage of N.J.S.A. 25:1-5(h) came many questions. Attorneys and litigants wondered what would happen to those cases already pending before the court; what would happen to those who had valid claims for palimony under what had previously been the law in NJ but did not yet act? Lots had an opinion, but really only time would tell. Botis v. Estate of Kudrick, 421 N.J. Super, 107 (App. Div. 2011) provided some guidance, telling practitioners and litigants alike that the statute applied only to suits filed after its effective date.
On October 6, 2011, a Hudson County Superior Court judge upheld a non-written palimony agreement, finding overwhelming evidence that the parties “lived together, and had made a commitment to each other to support each other, to share with each other, and most of all, as is implicit in every agreement, to treat each other fairly and avoid harm to the other.”
In the matter of Fernandes v. Arantes, this same sex couple had been living together since 1996. In 2005, after 11 years of living together in various locations all over the world, they bought a home in Jersey City, however only Arantes’ name was on the deed (although Fernandes’ was added later). The parties never married or entered a formal union but did exchange vows in an informal setting, shared expenses and investments, and supported each other financially, claimed Fernandes.
In April 2009, Arantes obtained a temporary restraining order against Fernandes. The case was dismissed although a no-contact order was issued, which prevented Fernandes from accessing the Jersey City home. On October 20, 2009, Fernandes filed a motion which sought access to the home to retrieve belongings and replacement of $80,000 Arantes allegedly withdrew from a joint bank account. On February 15, 2011, an amended complaint was filed, alleging palimony and unjust enrichment. In defense, Arantes claimed the relationship ended in 2001 and the parties only continued to live together for financial reasons.
After hearing testimony, the trial judge found that the relationship was that of a marital-type relationship. Finding that “[p]arties who entered into these kinds of relationships usually do not record their understanding in specific legalese”, the trial court awarded Fernandes’ claim of palimony, although the amended complaint was filed after the passage of the statute.
As this is a trial court opinion, it is not binding on other courts.