War of the Rosas
Private equity assets add a layer of complexity to divorce that goes beyond the standard division of bank accounts and retirement plans. These interests often involve tiered payout structures, vesting schedules, capital...more
Since Congress enacted §529 of the Internal Revenue Code in 1996 which, to over simplify things, allowed people to save tax free for college, these accounts have been a popular investment vehicle. Often they are funded by the...more
Divorce is emotional and sometimes those emotions can cloud your judgment and stop you from settling your case, or missing opportunities to settle your case. Divorce can also be an expensive process, and the longer it drags...more
Divorce can be one of the most challenging experiences a person faces—emotionally, personally, and financially. For restaurant owners, the complications extend beyond personal matters and into the heart of the business...more
A separation agreement is a private contract between spouses who have separated or are about to separate. It typically addresses property division, spousal support (alimony), child custody, and child support. If the spouses...more
For many couples going through a divorce, the marital home is not only their most valuable asset but also their most sentimental asset. If one spouse wants to keep the home, they may need to “buy out” the other spouse’s...more
Settling a divorce or family law matter is rarely easy. Many think that resolutions can come with speed or ease. Sometimes that can happen. But it is not always the case. However, once a divorce or family law matter...more
In a recent development, a woman filed an application for a landmark divorce settlement of AED 1 billion, before the Abu Dhabi Civil Family Court. This follows after the same court awarded an American woman in the UAE more...more
Divorce is a profound life transition that can feel deeply emotional, legally complex, and financially burdensome. Choosing the right approach—whether mediation, collaborative law, or litigation—can significantly reduce...more
U.S. Eleventh Circuit Court of Appeals - Kanapuram v. CIS - immigration - Wu v. Liu - removal, arbitration, remand, appellate jurisdiction - USA v. Morris - jury interrogatory, specific firearm - Malak v. Soc Sec...more
Before we dive into ways to prepare for your post-separation support and alimony case, it's important to understand what these terms mean and your general eligibility for spousal support. There are two types of spousal...more
Before we dive into ways to prepare for your post-separation support and alimony case, it's important to understand what each of these terms mean and your general eligibility for spousal support. There are two types of...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
Typically, in order to modify support or custody/parenting time provisions in an agreement or judgment/order, the party seeking a modification must show a substantial and continuing change of circumstances. Given the goal of...more
Many clients believe that if they file for divorce, the road to resolution is litigation and a trial. While naturally, that is the final step if a settlement is not reached, divorce trials are reasonably uncommon in New...more
Since the Child Support Guidelines were amended in the late 90s, the number of overnights with each parent factored in to the child support calculus for cases within the Guidelines. In general, the more overnights meant less...more
Over the years, I have blogged several times on the Appellate Division rejecting a trial court’s use of a formula to calculate alimony as opposed to a fulsome consideration of the statutory alimony factors. I blogged about...more
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 financial changes of...more
When drafted and adopted as law in the 1980 Divorce Code, Section 706 (now 3706) was disarmingly simple. It said, 706. Bar to alimony - No petitioner is entitled to receive an award of alimony where the petitioner,...more
If you were like me, the past few days produced an e-mailbox inundated with sales and specials-most related to the upcoming holidays. But, two of my special offers stood out and merited some attention because the products...more
Many are interested in the concept of a collaborative divorce. But an initial question many have is how long a collaborative divorce will take. “Can a collaborative divorce be done in weeks or months, or will it take...more
Much of the material reported in this blog comes from appellate cases; mostly Pennsylvania, but sometimes federal cases and decisions from other states. And, sometimes I will pass over a case only to see it reported by...more
While not my usual blogging fare, a recent case dealing with a discrete issue of Jewish law arising in the context of a dog bite case caught my eye because of its potential applicability to all areas of the law, including...more
Duress has long been considered by New Jersey courts as a cognizable defense where the provision of a Get – defined as a Jewish ecclesiastical divorce – is conditioned upon a party’s capitulation to contract terms....more
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 date or otherwise...more