Last week, we addressed the concept of how a gift or transfer of property to one or both spouses may be treated in a divorce. But what occurs if one of the spouses transfers marital money or marital property to a person or entity outside of the marriage? How does…
It is well settled in New Jersey that when there is a question of whether a transfer of property was a gift or not, “Proof of gift requires evidence of unequivocal donative intent on the donor’s part, actual or symbolic delivery of the gift’s subject matter, and the donor’s absolute and…
In a perfect world, the issue of relocation or removal would never come up in the context of either divorce litigation or a post-judgment application because parents would be able to live in relative close proximity to one another and cooperate for the best interests of their children. This arrangement would provide…
According to the New Jersey alimony statute, N.J.S.A. 2A:34-23 (b), a New Jersey family court in fixing alimony has to consider thirteen enumerated factors. Conspicuously missing from those factors is marital fault. Litigants may be surprised that a spouse’s “fault” in the classic divorce sense is generally ignored by family court judges…
In a previous blog post, “How the Fair Value of a Business Interest is Determined in a New Jersey Divorce for Purposes of Equitable Distribution”, James Yudes, Esq. explained the valuation methods utilized by the courts in determining the value of a business for purpose of equitable distribution in a divorce. In New Jersey, courts…
One of the more confounding issues facing people on the brink of divorce is the wisdom of pulling back and giving an unhealthy but possibly salvageable marriage a second chance. The uncertainty may be the concern of one or both partners. It may related to the catalyst for the divorce…
When meeting with a prospective divorce client during the initial consultation, after discussing the reasons for the breakdown of the marriage and obtaining the background information as to any financial and custodial issues, invariably the client will ask: How much in legal fees will this divorce cost me? I explain…
According to a March, 2013 publication from the National Center for Family & Marriage Research at Bowling Green State University, authors Susan L. Brown and I-Fen Lin discussed the divorce rate for adults over the age of 50 in their article entitled “The Gray Divorce Revolution: Rising Divorce among Middle-aged and Older…
Benjamin Franklin once wrote: “An investment in education pays the best interest.” That quote by one of America’s Founding Fathers continues to be etched into our national fabric of ideals. The attainment of a college degree or some other form of higher education has become the norm and not the exception in today’s society. Unfortunately, with the rise…
As recently discussed in an earlier blog post, the New Jersey Legislature is considering legislation that would abolish permanent alimony and regulate the term and amount of all alimony awards. Without that legislation, the right to and the responsibility to pay permanent alimony will continue to be controlled by trial judge’s discretion.…