Despite the Appellate Division decision in the Temple case in 2021 that seemingly made it easier to show a prima facie case of cohabitation necessary to get discovery and perhaps
Continue Reading Supreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to ShowCohabitation
Beware Of These Social Media Blunders If You’re Going Through a Divorce
It’s 2023. Oversharing on social media is the norm for so many. And interestingly, social media use upticks as spouses are contemplating divorce.
A 2014 study published in the journal…
Continue Reading Beware Of These Social Media Blunders If You’re Going Through a DivorceTop 10 Posts Read in 2022 – JD Supra style
Yesterday, I posted the Top 10 Posts in 2022 on our NJ Family Law Blog as measured by page views. Aside from publishing the posts directly on our blog, the…
Continue Reading Top 10 Posts Read in 2022 – JD Supra styleWhy Do Judges Keep Wrongly Denying Cohabitation Motions
For decades, cohabitation was grounds to at least get a review of alimony. When the alimony statute was amended in 2014, almost 8 years ago, the revisions made it easier…
Continue Reading Why Do Judges Keep Wrongly Denying Cohabitation Motions
Appellate Division Defines the Elements a Movant Must Present in Order to Demonstrate a Prima Facie Case of Cohabitation
Six years, nine months and 7 days following the enactment of New Jersey’s amended alimony statute’s cohabitation provision on September 10, 2014 (N.J.S.A. 2A:32-23n) the New Jersey Appellate Division provided…
Continue Reading Appellate Division Defines the Elements a Movant Must Present in Order to Demonstrate a Prima Facie Case of Cohabitation
Two Months of Overnights May Not Definitively Mean Cohabitation, But It Should At Least Get You Discovery
As we have said before, the 2014 amendments to the alimony statute allegedly made it easier to terminate alimony if the recipient of the alimony was cohabiting. The statute now…
Continue Reading Two Months of Overnights May Not Definitively Mean Cohabitation, But It Should At Least Get You Discovery
No Prima Facie Showing of Cohabitation = No Right to Discovery to Try to Prove It
For the second time in about a month, the Appellate Division has reversed improvidently granted discovery when there hadn’t been a showing of a change of circumstance. As noted by…
Continue Reading No Prima Facie Showing of Cohabitation = No Right to Discovery to Try to Prove It
Appellate Division Issues New Decision on Cohabitation
In the midst of our ongoing quest for guidance as to how and when to apply the 2014 cohabitation statute, comes the Appellate Division’s recent unpublished (not precedential) decision in…
Continue Reading Appellate Division Issues New Decision on Cohabitation
Appellate Division Denies Cohabitation Claim Under Alimony Statute
While we await guidance from the Appellate Division on how to interpret that portion of the amended alimony statute’s cohabitation provision, N.J.S.A. 2A:32-23n, indicating that alimony may be “suspended or…
Continue Reading Appellate Division Denies Cohabitation Claim Under Alimony Statute
Settling Your Case Comes With Great Power and Great Responsibility
Amicably settling your divorce matter is almost always better than taking your chances at a trial before a trial judge who knows almost nothing about your life. Not only can…
Continue Reading Settling Your Case Comes With Great Power and Great Responsibility