Articles Posted in Uncategorized

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Most times, when courts award alimony and child support the Payors comply with their court ordered support obligations.  In some instances, unfortunately, compliance with such orders wains and the issue of enforcement of court ordered support obligations must be addressed by the Court.  New Jersey Court Rule 1:10-3 provides a vehicle for the Payee to seek enforcement of support orders through an application for the “Enforcement of Litigant’s Rights” and provides a plethora of coercive vehicles to a court to compel compliance with court ordered support obligations.  Clearly the most effective of these coercive vehicles is the ability to incarcerate the payor until compliance in the form of payment is  forth coming. Continue reading ›

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When a prospective client in a divorce matter comes in, often they have already been served with a Complaint for Divorce that has been filed by their spouse.  Beyond discussing the substantive issues of their case, they will inquire about the Complaint itself, what it means, and the need to respond to it.  Back in the “good old days”, unless the parties had already been separated for 18 months, a Complaint for Divorce had to allege some sort of “fault” as the grounds for the divorce, i.e. extreme cruelty, adultery or desertion being among the most common. Continue reading ›

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One consideration that comes up in almost every divorce action is the question of whether a spouse can request that the other spouse pay their counsel fees. Awards of counsel fees in New Jersey matrimonial cases are completely up to the discretion of the judges, and the Appellate Division generally will not reverse such decisions unless the judge abused his/her discretion. Eaton v. Grau, 368 N.J. Super. 443, 454 (App. Div. 2006). Judges’ discretion is not entirely unfettered, however, because judges still must address the standards set forth in the statutes, rules and case law. Continue reading ›

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New Jersey’s Prevention of Domestic Violence Act (DVA) was designed to protect victims of serious domestic disputes from the dangers inherent in continued contact with a domestic abuser.  Toward that end, the DVA envisions a Final Restraining Order that protects the victim from most contact with the abuser, and imposes criminal consequences to an abuser who violates a final domestic violence restraining order.  Sometimes, the practicalities of trying to resolve complex litigations as well as the need to co-parent minor children lead to the dismissal of a Temporary or Final Domestic Violence Restraining Order and the protections of the DVA for the less pervasive protections of an ordinary civil order or judgment. Continue reading ›

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The vast majority of divorce cases settle by way of an agreement reached between the parties.  Only a small fraction of divorce cases are actually tried and decided by the court.  Continue reading ›

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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 irrevocable relinquishment of ownership.”  Continue reading ›

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Only several months ago I wrote a blog discussing the then state-of-the-law in New Jersey in regards to palimony and the ability of unmarried cohabitants to enforce unwritten promises of support.  Continue reading ›

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BusinessIn 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. Continue reading ›

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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 decision or concerns about trying again when substantial resources may have already been expended getting ready for the divorce. Continue reading ›