Deadlines are commonplace in Marital Settlement Agreements negotiated incident to a divorce. In fact, most Orders from the Court contain time-sensitive obligations. But, what happens when someone misses that dateContinue Reading Delay, Waiver & Law of the Case Doctrine
Be Prepared for Your Divorce Series: Part II – Gather Your Proofs
In anticipation of this series, I reached out to some former clients and asked them: How could you have been better prepared for your divorce?
One client told me that…Continue Reading Be Prepared for Your Divorce Series: Part II – Gather Your Proofs
With Prejudice v. Without Prejudice: When is a Judgment or Order Final?
The Superior Court of New Jersey, Appellate Division answered this question on April 11, 2022 in Christine Ann Devers v. Jeffrey Eric Devers. The parties were divorced in May…
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Do I Have To Divide the Inheritance I Received During My Marriage?
An issues that frequently arises is the treatment of an inheritance received by a spouse during the marriage. The basic rule is that any property received via gift or inheritance…
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New Guidance on the Distribution of Deferred Compensation That Vests Post-Complaint
The issue of the division of deferred compensation in divorce – more particularly, unvested deferred compensation, is often one that is hotly disputed. This is in part because there is…
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All Apologies and the Distribution of a Famous Guitar
Perhaps Kurt Cobain knew when writing the song “All Apologies” that one day his daughter would be embroiled in a nasty divorce battle. While the lyrics, “Married, Buried, Married, Buried”, …
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‘Til Death Do Us Part…or Not.
In the recent case O’Hara v. Estate of John B. O’Hara, Jr., the Appellate Division reminded us that even though the death of a party to a marriage ends…
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“Conscious Uncoupling”: An Ode to a Mediated Divorce
As a lover of all things Coldplay, I was sad to hear that lead singer Chris Martin and his wife of more than 10 years, Gwyneth Paltrow, were divorcing. Gwyneth…
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I is for Independence: The divorce is over and so now what?
You’re at the Courthouse and your attorney has handed you for your final divorce documents. It may be as a result of a negotiated settlement, or it may be as…
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Marriage: When Does it End?
The Importance of the Filing Date of the Complaint
A recent unpublished decision from the Appellate Division, McNamara v. McNamara, serves as a reminder that, when it comes to…
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