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 emotionally charged. This sometimes causes people to take bad positions,...more
Even before the alimony statute was amended in 2014, there was a misconception that permanent alimony was actually permanent and could not be modified under any circumstances. I heard that tired argument many times despite...more
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 in the Cardali case. Typically,...more
2/24/2025
/ Alimony ,
Appellate Courts ,
Cardali v Cardali ,
Cohabitation ,
Discovery ,
Divorce ,
Family Law Courts ,
Financial Records ,
Litigation Strategies ,
Marital Assets ,
Motion to Dismiss ,
Sanctions ,
SCOTUS ,
Spouses ,
Termination
Very often, victims or purported victims of domestic violence hear about the concept of the cycle of domestic violence. Also, it is not uncommon for victims of domestic violence not to report acts of domestic violence once or...more
Sadly, it is not uncommon for parties to be “frequent flyers” in domestic violence court. Sometimes, the same party files and dismisses one or more times. Sometimes, parties settle with “civil restraints” or an Order in the...more
Sometimes people do what is called forum shopping and file a law suit in another jurisdiction, if not another country, because they believe that the laws will be more favorable to them. Sometimes they even file someplace else...more
Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more
7/16/2024
/ Appellate Courts ,
Discovery ,
Divorce ,
Evidence ,
Final Judgment ,
Liability ,
Marital Assets ,
Mediation ,
Settlement Agreements ,
Tax Returns ,
Waivers
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 terminate or suspend alimony, as I blogged on...more
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 Appellate Division. In 2020, I blogged on the last reported...more
Over the years, I have written a lot on palimony cases, both before and after the landmark Maeker v. Ross case that I argued in the New Jersey Supreme Court. On March 8, 2022, I blogged on the Supreme Court’s decision in the...more
The law in New Jersey regarding palimony continues to incrementally evolve, as I have blogged about in the past. A few years ago, I argued the Maeker v. Ross case in the New Jersey Supreme Court....more
While there are always exceptions to the rule, unlike most other assets, though I have seen it happen, businesses are rarely divided 50-50. Yet there is very little case law that explains why this is. In fact, until...more
You see it all of the time. Someone file a motion with the court regarding discovery and/or asking for various pendente lite relief, like temporary support, temporary parenting time and other things that come up during the...more
While the issue of savings being a component of alimony has been around for decades, since the Lombardi case in 2016 (which we previously blogged about), the issue of a savings component, especially where parties live...more
In January 2020, the Appellate Division considered an important question: how should a judge assess a party’s request to appear at a trial and present testimony by way of video transmission? The timing of this consideration...more
5/14/2021
/ Appellate Courts ,
Bifurcation ,
Coronavirus/COVID-19 ,
Domestic Violence ,
Due Process ,
Pro Se Litigants ,
Remote Hearings ,
Restraining Orders ,
Telecommunications ,
Videoconference ,
Virtual Litigation ,
Witnesses ,
Zoom®
A lot of people believe that COVID has caused divorce cases to drag and the legal system to be ground to a halt – or at least, to lag behind. While that is certainly the case in some counties and more particularly, with some...more
3/12/2021
/ Appellate Courts ,
Arbitration ,
Binding Arbitration ,
Case Management ,
Coronavirus/COVID-19 ,
Court Closures ,
Divorce ,
Evidence ,
Eyewitness Testimony ,
Family Law Courts ,
Mediation ,
Settlement Conferences ,
Zoom®
Many people think that palimony is just alimony with a “P” and that the mere existence of a long term unmarried relationship, where the people live together, is enough to convey some right of support. Having argued the...more
Victims of abuse have many reasons for not reporting prior acts of domestic violence – either to friends, family, co-workers, etc. or the police. Logically, the failure to report does not negate the fact that the abuse...more
Very often, uncertified expert reports are attached to certifications and courts are asked to accept them though there is no ability to cross examine the expert, etc. Sometimes, that even happens at a default or other...more
Many people opt for binding arbitration because it is supposedly faster and cheaper, and binding – thus final. Some people have to arbitrate their matters that they cannot settle amongst themselves, because there are issues...more
Over the years, I have blogged about alimony formulas, “rules of thumb” and similar ways that alimony is settled. I say settled, because in most instances, courts are not allowed to use a formula to determine alimony. ...more