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Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

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

Supreme Court Decides Cardali – Prima Facie Case of Cohabitation Now Easier to Show

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

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 Appellate Division. In 2020, I blogged on the last reported...more

Appellate Division Applies Moynihan Palimony Decision Retroactively

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

Do I Need a Lawyer for My Palimony Agreement? Supreme Court Says No!

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

Appellate Division Provides Rationale as to Why Businesses are Rarely Divided 50-50

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

Have Judges Been Getting The Standard For Motions For Reconsideration Wrong All Along?

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

Can A Judge Add A Savings Component To Alimony And Apply It Retroactively To The Beginning Of The Case? Does A Frugal Lifestyle...

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

Remote Proceedings: Zooming Past Litigants’ Due Process Rights

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

If You Want To Move Your Case To A Faster Conclusion, Consider Mediation And Arbitration

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

Palimony Isn’t Alimony – Having A Long Term Relationship Alone Doesn’t Give You A Right To Support

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

A Victim Of Domestic Violence Need Not Have Disclosed The Abuse To Another To Establish A Predicate Act Of Domestic Violence

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

Even At A Default Hearing, An Expert Report Is Inadmissable Hearsay If The Expert Doesn’t Testify

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

If You Want A Right To Appeal An Arbitration Award, Build It Into Your Arbitration Agreement

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

Alimony Formulas: Yet Another Cautionary Tale

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

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