In the unpublished (non-precedential) decision of K.E.M. v. S.R.A., the Appellate Division used the trial court’s findings to reinstate a Final Restraining Order (“FRO”) based on the predicate act
Continue Reading Cyber Harassment Gives Rise to FRO In Case That Emphasizes Importance of ‘Four Corners”Practice Issues
Court Rejects Predictable Arguments on Setting Aside a Prenup, and on Summary Judgment No Less!
Litigating cases involving a prenuptial agreement can be frustrating at times. When prenups are done right, there is proper disclosure, both parties have counsel or acknowledge that they had a…
Continue Reading Court Rejects Predictable Arguments on Setting Aside a Prenup, and on Summary Judgment No Less!Custody Decision Vacated Over Failure to Interview 10 Year Old To Find Out His Preference
I started reading C.G. v. D.W., an unreported (non-precedential) Appellate Division case released on March 1, 2024, sucked in by the opening sentence about the court’s denial of an intra-state…
Continue Reading Custody Decision Vacated Over Failure to Interview 10 Year Old To Find Out His PreferenceCourt’s Should Not Issue FROs Because They Think a Party is a Bad Parent or Deadbeat Dad
Earlier this month, I wrote a blog called Court’s Should Not Issue FROs to Address Parenting Issues. That blogged addressed a case where the trial court entered a Final Restraining…
Continue Reading Court’s Should Not Issue FROs Because They Think a Party is a Bad Parent or Deadbeat DadSo Alimony Formulas are Sometimes OK?
Over the years, I have blogged several times on the Appellate Division rejecting a trial court’s use of a formula to calculate alimony as opposed to a fulsome consideration of…
Continue Reading So Alimony Formulas are Sometimes OK?Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony
Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at…
Continue Reading Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase AlimonyAmending a Complaint or Counterclaim for Divorce Remains Freely and Liberally Permitted
A recently published decision of Saseeshkumar v. Venugopal confirms that a request to amend a Complaint and/or Counterclaim for Divorce can and should be freely permitted in the interests of…
Continue Reading Amending a Complaint or Counterclaim for Divorce Remains Freely and Liberally PermittedNew Jersey Has Jurisdiction to Enter a TRO Even When the Predicate Act Occurred in Another State
What happens when a victim of domestic violence suffers a predicate act in a State outside of New Jersey and then seeks an order of protection in New Jersey? The…
Continue Reading New Jersey Has Jurisdiction to Enter a TRO Even When the Predicate Act Occurred in Another StateAppellate 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…
Continue Reading The Black Hole is Closed – New Law Permits Equitable Distribution When Party Dies While a Divorce is Pending