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 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.
Continue Reading Trial Court Makes Mess With Sua Sponte Division of Unused 529 Funds
Court gives Parent Coordinator power to craft a parenting plan despite case law and court rules that don’t allow for that power.
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.
Continue Reading No, Common Law Marriage Still Doesn’t Exist in New Jersey
False reports to the police alleging a violation of a final restraining order considered harassment and coercive control warranting a FRO.
Continue Reading Making False Allegations To The Police Found To Be Harassment and Coercive Control Warranting a Final Restraining Order
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.
Continue Reading When a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All Rights
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
Continue Reading Appellate Division Says Disparagement of Counsel and Threats of Sanctions is Improper Judicial Behavior! You Think?
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
We have written a lot about termination of alimony based upon cohabitation, both before the 2014 Amendment to the alimony statute making it easier, and after the Supreme Court’s decision
Continue Reading Alimony Terminated for Cohabitation Without a Hearing Because Recipient Refused to Cooperate with Discovery About Her Finances
Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether
Continue Reading Decision to Forgo Interview of Special Needs Child in Custody Determination Affirmed