A trial is not the only way to settle your divorce
Continue Reading A Trial Is Not The Only Way To Settle Your Divorce
Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony
Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at
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The Black Hole is Closed – New Law Permits Equitable Distribution When Party Dies While a Divorce is Pending
What happens when a party dies in the middle of divorce? Under the law, the divorce action abates and the matter is over. In many cases, that is to the
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The Intersection of Family Law, Estate Law and Federal Law
On November 14, 2023, the Appellate Division decided an interesting case that implicated the intersection of family law, estate law and federal law. The reported (precedential) decision In the Matter
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Appellate Division Rejects Formula for Alimony – Again!
I have blogged many times about the fact that there is no formula for alimony, and moreover, whenever a trial court imposes a formula, it is always reversed by the
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When Dealing With A Motion to Terminate Alimony, Courts Can Consider Prospective Retirement – No Really, They Can
When the alimony statute was modified in 2014, aside from making 67 the presumptive, good faith retirement age, it also included multiple standards for the court to consider when a
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Why 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
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Court Sells Vacation Home to Pay Alimony and Equitable Distribution Arrears
When parties settle their cases, many if not most, expect that their agreement that they spent months or years negotiation will finally provide them with some peace. After all, if
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Trial May Be Imminent – Are You Unhappy With Your Divorce Lawyer?
Even before COVID, in some counties, divorce trials were hard to come by due to backlogs and/or judicial shortages. Some counties ceased trials altogether for a time, even those trials
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No “Do-Overs” When You Agree to Arbitrate Your Divorce
As we have written before, alternate dispute resolution is a favored way to resolve divorce matters, whether it be mediation or binding arbitration. One reason that people choose the arbitration
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