A not uncommon New Year’s resolution people make is to change their life by divorcing, deciding that they don’t want to be unhappy for another year.
Continue Reading The New Year’s Resolution Divorce – 2026 Edition
Feeling Like Your Marriage Wasn’t 20 Years Does Not Make it So
Open durational alimony is generally granted only if a marriage lasts 20 years. Feeling that your marriage is not 20 years long does not make it so. Marriage is typically defined from the date of marriage to the date of filing of the divorce complaint.
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Awards of Counsel Fees When Successfully Prosecuting, but not Defending, An Act of Domestic Violence
When a party in New Jersey successfully obtains a domestic violence Final Restraining Order, they are entitled to counsel fees as part of the damages. However, parties are not typically entitled to counsel fees for successfully defending against domestic violence unless the cross-complaint was frivolous, retaliatory or made in bad faith. However, too often, cross complaints are frivolous, retaliatory or made in bad faith.
Trial Court Makes Mess With Sua Sponte Division of Unused 529 Funds
Trial court erred in ordering unused 529 funds to be divided equally between the parties when it was not even clear that they were marital assets that should or could ever have been divided.
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Curious Appellate Decision Affirming the Denial of Sole Custody and Appointment of a Parenting Coordinator
Court gives Parent Coordinator power to craft a parenting plan despite case law and court rules that don’t allow for that power.
No, Common Law Marriage Still Doesn’t Exist in New Jersey
Common law marriage does not exist in New Jersey. If you want treatment as a spouse or surviving spouse, you need to enter in a marriage, civil union or domestic partnership.
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Making False Allegations To The Police Found To Be Harassment and Coercive Control Warranting a Final Restraining Order
False reports to the police alleging a violation of a final restraining order considered harassment and coercive control warranting a FRO.
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When a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All Rights
When a prenuptial agreement says “waiving all rights” it really means waiving all rights, including to an elective share even if the term elective share is not explicitly stated.
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Appellate Division Says Disparagement of Counsel and Threats of Sanctions is Improper Judicial Behavior! You Think?
The practice of family law is difficult. I have read that divorce ranks just below the death of a parent or child in terms of grief. The cases are often
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Appellate Division Addresses Termination of Alimony at Retirement, Focusing on Whether Recipient Had or Could Have Saved for Retirement
Appellate Division addressed standard for addressing the issue of modifying alimony based upon retirement in pre-2014 divorces – highlighting again the issue of whether the recipient did or could have saved for retirement
Continue Reading Appellate Division Addresses Termination of Alimony at Retirement, Focusing on Whether Recipient Had or Could Have Saved for Retirement