Divorce & Family Law

It’s college application time and parents across the state are praying for the essay fairy to arrive and save them. Having gone through it twice, I am sympathetic to all of those who are now going through what is a rite of indoctrination in parenting. Then, just when you think… Continue reading →

The new alimony law that was recently passed on September 10, 2014, changed one of the types of alimony from “permanent” to “open durational.” It was really just a change in semantics. Permanent alimony was never meant to be “lifetime” alimony as many clients called it. Under our previous law,… Continue reading →

New Jersey does not have legislation sanctioning a “legal separation” for a married couple wishing to separate but not file for divorce. However, there are two procedures which may aid in dealing with the parties’ issues, short of filing for divorce. One proceeding is to file a Complaint for Separate Maintenance. Continue reading →

In a recent case, (J.E.V. v. K.V.), an issue arose as to whether a spouse with a history of mental and emotional problems is entitled to permanent alimony. As in any case, the specific facts lead to the ruling, and in this particular case, the court held that the wife, who had bipolar disorder, was only entitled to limited duration alimony for a term of ten years. Continue reading →

Perhaps one of the most valuable documents in any divorce case is a Case Information Statement (CIS). A CIS sets forth each party’s income, assets, liabilities, the marital standard of living, and current monthly budget. A fully completed CIS gives the Court a clear picture of that party’s financial situation, which is imperative in calculating child support and alimony. While drafting a Case Information Statement is time consuming, it’s value should not be underestimated. Continue reading →

Usually, when a spouse dies in the midst of divorce litigation, significant problems arise. The first is that upon the death of a spouse prior to entry of Final Judgment effectively terminates the divorce proceedings. See Carr v. Carr, 120 N.J. 336, 339 – 340 (1990). Thus, any right of the surviving spouse to equitable distribution under the divorce statute is extinguished. The result is that the surviving spouse is left to pursue his or her share of the marital assets through the probate code by way of exercise of elective share if he or she has been disinherited or the decedent was intestate. Continue reading →

It is well-settled law that retirement plans such as pensions, 401(k)s, 403(b)s, KEOUGHs, profit sharing plans, deferred compensation plans and IRAs are subject to equitable distribution in the event of divorce. Continue reading →