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!Eric S. Solotoff
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I started reading C.G. v. D.W., an unreported (non-precedential) Appellate Division case released on March 1, 2024, sucked in by the opening sentence about the court’s denial of an intra-state…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 AlimonyCan a Bad Social Media Post Lead to a Final Restraining Order?
Social media has become a prevalent part of people’s lives. Many people post about how great their life is or about the good things that their children do (guilty as…
Continue Reading Can a Bad Social Media Post Lead to a Final Restraining Order?Courts Should Not Issue FROs To Address Parenting Issue
Going back more than three decades, there are Appellate Division cases that offer caution about the abuse of the domestic violence statute to get a leg up in an impending…
Continue Reading Courts Should Not Issue FROs To Address Parenting IssueAppellate 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 PendingA Child’s Disability Can Prevent Emancipation
The concept that a child’s disability can delay or prevent emancipation is not a new one. In fact, it has been part of the decisional law for decades. Moreover, the…
Continue Reading A Child’s Disability Can Prevent Emancipation