Closter Divorce Attorneys

The long awaited decision in the Gnall case is being released tomorrow (7/29/15).  Previously, we have blogged about the Gnall v. Gnall case.  In this case, the Appellate Division deemed a 15 year marriage to be “long term” and remanded the matter for consideration of permanent alimony.

I was fortunate to be one of the authors of the amicus brief filed by the New Jersey Chapter of the American Academy of Matrimonial Lawyers (AAML).  Interestingly, when we filed the brief, it was before the new alimony reform statute had passed.  While the amendments to the alimony statute might render this much ado about nothing, in any event, I am sure that the bar and the alimony reformers are interested in the outcome.

It will be interesting to see if tomorrow’s decision references the new statute and the justices’ feelings about it.

Stay tuned.

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Eric SolotoffEric Solotoff is the editor of the New Jersey Family Legal Blog and the Co-Chair of the Family Law Practice Group of Fox Rothschild LLP. Certified by the Supreme Court of New Jersey as a Matrimonial Lawyer and a Fellow of the American Academy of Matrimonial Attorneys, Eric is resident in Fox Rothschild’s Roseland and Morristown, New Jersey offices though he practices throughout New Jersey. You can reach Eric at (973)994-7501, or esolotoff@foxrothschild.com.

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On the heels of the new NY law permitting same-sex marriages, the issue has been constantly in the news of late (and the subject of our prior posts on the new law and on Governor Christie’s reaction to it).  In today’s Star Ledger , Matt Friedman reported on yet another issue, specifically, that same sex couples in NJ will be filing a lawsuit seeking to have civil unions recognized as a marriage.

As we have previously reported, New Jersey only allows Civil Unions, a remedy that many have noted does not provide the same rights as marriage. That said, last year, the New Jersey Supreme Court refused to hear a case attacking the inequalities of the New Jersey civil union statute. In addition, since the federal government does not recognize gay marriage, same-sex couples cannot file joint federal tax returns and there are other inequalities as it relates to ERISA covered benefits, etc.

Today’s story notes that the basis of the suit is that civil unions are a "badge of inferiority" for same-sex couples and that though civil unions are meant to grant same-sex couples the same rights as married couples, that  that is not what is happening. 

When the Supreme Court rejected hearing the case last year, they said that the issue would have to run its course through the trial courts, etc.  This appears to be the start of that litigation. Stay tuned.

I have blogged several times about the celebrity divorces that have been in the news, from John & Kate, to Christie Brinkley, to Stephanie Seymour, to Jim Nantz, to the McCourts who own the LA Dodgers and others.

Every day for the last few weeks, Tiger Woods has been front page news regarding what he first called "indiscretions" and now calls "infidelity."  We have heard in the news about potential sweeteners to his prenuptial agreement if his wife stays, to rumors that she will leave him and so on .  Obviously, since the information from Tiger and his wife is limited, people are left to speculate and gossip.

 As a New Jersey Divorce Lawyer, the best that I can offer is to give some comments on how New Jersey divorce and family law would apply to the facts (hypothetical, speculation or true facts that have been reported). 

In New Jersey, marital fault is largely irrelevant except in limited circumstances.  Though not particularly necessary anymore since we have no fault (irreconcilable differences) divorce, the fault ground of adultery can still be plead as a divorce cause of action.  That said, receiving a divorce based on adultery does not get you anything more financially.

Continue Reading ON TIGER, "INDISCRETIONS", "INFIDELITIES" AND SO ON – ALL OF THE GOSSIP GIVES RISE TO A GREAT LAW SCHOOL EXAM QUESTION