For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a chord and has been both well received and cited by other bloggers. As such, given that
Practice Issues
If the Enforceability of a Prenuptial Agreement is at Issue, Courts Shouldn’t Wait to Deal With It
Prior to the walk down the aisle for the happiest day of their lives – to that point – many hopeless romantics decide (or are required by their parents) to get a prenuptial agreement which set forth many of their rights and responsibilities in the event of death or divorce. Typically, a prenuptial agreement has…
If You Want to Keep Your Final Restraining Order, Maintaining a Sexual Relationship with the Defendant Is a Bad Idea
More than 11 years ago, I wrote a post on this blog entitled The Abuse and Misuse of the Domestic Violence Statute. From the statistics, we can see that this is still one of the most read items we have published, because the problem remains 11 + years later. I concluded that post by…
Income for Support Purposes Includes Bonuses and Deferred Compensation – Well No Kidding
We see it all of the time. The support (alimony and child support) obligor’s income is made up of multiple components – typically salary, bonus and/or deferred compensation. In cases where the bonus/deferred comp makes up only a small portion of the total yearly income, you usually wont see too much fighting about what the…
Even At a Default Hearing, An Expert Report is Inadmissable Hearsay if the Expert Doesn’t Testify
Very often, uncertified expert reports are attached to certifications and courts are asked to accept them though there is no ability to cross examine the expert, etc. Sometimes, that even happens at a default or other hearing. That is, a party tries to put the report into evidence without any testimony – direct or cross-examination…
If You Want A Right to Appeal an Arbitration Award, Build it Into Your Arbitration Agreement
Many people opt for binding arbitration because it is supposedly faster and cheaper, and binding – thus final. Some people have to arbitrate their matters that they cannot settle amongst themselves, because there are issues that they cannot try before a court given the court’s mandatory obligation to report certain matters to the proper authorities…
Alimony Formulas: Yet Another Cautionary Tale
Over the years, I have blogged about alimony formulas, “rules of thumb” and similar ways that alimony is settled. I say settled, because in most instances, courts are not allowed to use a formula to determine alimony. Basically, there are two types of formulas that we often see. One takes a percentage of the differences…
New Case Inadvertently Serves as a Tip for Couples with Young Children Divorcing/Setting Child Support
The newly unreported (does not set precedent) decision of Covone v. Curreri makes two bold moves: (1) asserting that the passage of time is not a change in circumstance warranting a modification to child support and (2) confirming that the trial court has authority to allocate expenses between parents even without proof of their financial…
NJ Divorce Court State of Play After 6 Months of COVID 19 Restrictions
Two common questions I hear from potential clients, as well as the general public, are (1) are the courts open and (2) can people even file new matters (divorce, enforcement, modification, etc.) Some express shock when then learn that the Courts never actually closed – well sort of.
In March and early April, there was,…
Statutes and Subsequent Qualification by the Supreme Court – They Both Matter.
In a recent decision, E.H. v. K.H., the Appellate Division made clear that a finding of harassment in connection with the entry of a domestic violence restraining order must be based upon a judge’s findings on all elements of the criminal statute incorporated in the New Jersey Prevention Against Domestic Violence Act, qualified by…