On June 8th, I argued a case of significant importance in the Appellant Division. Although I have not received a decision as of yet, I am still of the belief I was heard. The case involved an application from the supporting spouse to terminate alimony based on the cohabitation of…
I am frequently asked if It makes sense to buy out of an alimony obligation with a lump sum payment. The answer to the question is a bit complex but I will try to tackle it in the length of this post. Usually, when there is a discussion of the…
I have received many questions as of late regarding Covid-19 and the effect it has had on the divorce process. Those I have spoken to expect to hear that the courts are in shambles unable to handle all of the paperwork and processing that has become necessary in this new…
Ever since I wrote my past blog on correcting judicial errors, I have gotten a lot of questions from readers and interested clientele alike about how judicial errors can be addressed and amended. When it comes down to it, there are essentially three types of judicial error:1) Clerical, 2) Legal…
I recently argued a case via Zoom in the appellate division that could have far-reaching implications in this new pandemic world. The issue dealt with an agreement that resolved marital rights in divorce entered into while the parties were happily married. We know that prior to getting married, engaged couples…
In the Supreme Court decision, Roman Catholic Diocese of Brooklyn v. Cuomo, the limits placed on houses of worship in certain “orange areas” in New York City were struck down on constitutional grounds based on religious freedom and equal protection. Fundamentally the Supreme Court found that there was no rational…
Although Covid has dramatically affected how the Courts operate day to day divorce cases are still moving forward efficiently. Most matters are proceeding with e-filing of pleadings and motions while appearances are being hosted on Zoom as well as several other internet platforms. The court buildings are also open to…
Co-parenting children when parents are separated or divorced can be challenging in normal circumstances. One would agree, however, that times are not normal. The country is in the midst of a pandemic due to the COVID-19 virus. Governor Murphy has closed schools and many business, and he has directed that…
In my last blog post I noted that, effective September 1, 2019, a number of Court Rules directly impacting upon Family Part practice had been amended. In this blog post, I will continue this discussion, summarizing some additional court rule amendments, including those which were in response to, or in…
Ascertaining whether a supported spouse is cohabiting with a romantic partner in such a way that it constitutes a changed circumstance warranting a modification of alimony is often an issue that family courts have address. In 2014, the New Jersey Legislature modified the alimony statute, N.J.S.A. 2A:34-23(n), to codify factors…