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
Continue Reading New Case Inadvertently Serves as a Tip for Couples with Young Children Divorcing/Setting Child Support
New Reported Decision Confirms that Partition Remains an Equitable Remedy for Unmarried Cohabitants Without a Writing Despite 2010 Palimony Amendment
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
Continue Reading New Reported Decision Confirms that Partition Remains an Equitable Remedy for Unmarried Cohabitants Without a Writing Despite 2010 Palimony Amendment
Prenuptial Agreement and Full Financial Disclosure Withstands Marriage Ending by Death and Not Divorce
Most of our cases dealing with enforceability of prenuptial agreements stem from marriages that end by divorce and involve one party seeking to enforce the agreement and the other party
Continue Reading Prenuptial Agreement and Full Financial Disclosure Withstands Marriage Ending by Death and Not Divorce
Appellate Division Clears Up the Alimony Statute Application for Early Retirement in Pre-Amendment Cases
The Appellate Division recently published a decision, Amzler v. Amzler, making it precedent setting on the use of the new alimony statute in a case of a payor’s early
Continue Reading Appellate Division Clears Up the Alimony Statute Application for Early Retirement in Pre-Amendment Cases
The Right Way to Get an Above-The-Guidelines Child Support Award, Counsel Fees and Argue for Imputation
The new unpublished case of Nabbie v. O’Connor is a good review of above-the-guidelines child support, income imputation and counsel fees. Child support guidelines are only applicable for the total
Continue Reading The Right Way to Get an Above-The-Guidelines Child Support Award, Counsel Fees and Argue for Imputation
Decision of Errors – Imputation, Disability, Need for Support and Deviating from Guidelines
The recent unpublished decision of Gormley v. Gormley serves as a good reminder for four polestar issues in matrimonial litigation, below, as well as to put on your best evidence
Continue Reading Decision of Errors – Imputation, Disability, Need for Support and Deviating from Guidelines
Solving The Puzzle Now Will Hopefully Make For A Less Litigious Future
One of the hardest lessons I learned in my early days of practicing family law is that a case is never really over when we think it’s over. I remember
Continue Reading Solving The Puzzle Now Will Hopefully Make For A Less Litigious Future
LIVE-IN CHILDCARE PROVIDERS QUALIFY AS “HOUSEHOLD MEMBERS” UNDER THE PREVENTION OF DOMESTIC VIOLENCE ACT
Hot off the press! A published (precedent setting) trial court decision, E.S. v. C.D. confirms that live-in childcare providers qualify as household members under the Prevention of Domestic Violence Act
Continue Reading LIVE-IN CHILDCARE PROVIDERS QUALIFY AS “HOUSEHOLD MEMBERS” UNDER THE PREVENTION OF DOMESTIC VIOLENCE ACT
Make Sure to Enter QDROs At The Time of Divorce
We recently received a favorable appellate decision on behalf of our client whose ex-husband tried to manipulate their divorce agreement regarding distribution of his New Jersey PERS pension (“pension”) nearly
Continue Reading Make Sure to Enter QDROs At The Time of Divorce
Domestic Violence Defendants Require Opportunity To Prepare Defense Even When FRO Is Warranted For Another Predicate Act
I have now blogged a few times about the importance for due process in domestic violence matters. The Appellate Division just gave us another unpublished case, B.L.F. v. T.G.C., to
Continue Reading Domestic Violence Defendants Require Opportunity To Prepare Defense Even When FRO Is Warranted For Another Predicate Act