When a couple gets a New Jersey divorce, all of their marital property needs to be divided. This is done through a process called equitable distribution. Among the marital property that gets distributed, the...
With the passage of the Affordable Care Act (Obamacare), many people were left with questions of how the law applies to them. One of its provisions allows for children to stay on their parent’s health insurance until the...
Imputing Income
Oct 23, 2013
When a judge’s order decides the amount of alimony or child support, income may be imputed to a party who is voluntarily underemployed or unemployed. This was well illustrated in a recent New...
Emancipation
Oct 15, 2013
Once a child support order is entered, it continues until the child is emancipated. There is no bright line rule for when the child is emancipated. It often depends on what the parents agreed to in the Property Settlement...
Restraining Orders in New Jersey
Oct 03, 2013
October is Domestic Violence Awareness Month, and a good time to learn your rights if you find that you or a friend are a victim of domestic violence. The best protection under New Jersey family law is to obtain a restraining...
Sarno da Costa D’Aniello Maceri Webb Set to Argue Palimony Case Before the Supreme Court of New Jersey
Oct 01, 2013
The Supreme Court of New Jersey has agreed to hear a potentially historic palimony case on the petition of matrimonial attorney Angelo Sarno of the law firm of Sarno da Costa D’Aniello Maceri Webb LLC. In hearing the case...
Same-Sex Marriage in New Jersey
Oct 01, 2013
Same-Sex Marriage in New Jersey may be a reality soon. The legislature came close in 2006 after the New Jersey Supreme Court in Lewis v. Harris found that denying same-sex couples the rights and benefits that are...
The Huffington Post reports that after 11 years of marriage, Richard Gere and Carey Lowell may be getting a divorce, though it is still unclear whether this is merely a separation. The couple has...
New Jersey Alimony Reform
Sep 25, 2013
When a couple is getting a divorce, many issues come up during the proceedings, but almost none are as important as the issue of financial support. There are two types of financial support: alimony and child...
When a custodial parent wishes to relocate to another state, a court is often asked to decide whether the children should be allowed to go with that parent. A recent Appellate Division case deals with that issue but with a...
Short-Term vs. Long-Term Marriages
Aug 21, 2013
Financial disputes play a major role in divorce actions, especially where alimony is concerned. There are four different types of alimony: permanent, limited duration, rehabilitative, and reimbursement....
We have previously blogged about prenuptial agreements in New Jersey. Recently, an amendment to the premarital and pre-civil union agreement law was adopted, changing the court’s analysis when...
Child Support, Imputation, and Social Media
Jul 08, 2013
A major issue during a divorce or family law matter that involves children is the computation of child support. The Family Part follows the Child Support Guidelines set forth in Rule 5:6A when ordering an award of...
Attorney Fees Awarded for Bad Faith
Jun 26, 2013
One of the most asked questions a matrimonial law attorney gets is whether my spouse will be obligated to pay me counsel fees. Under certain circumstances in divorce actions, the court can award that one party’s attorney...
Love Contracts
Jun 25, 2013
Premarital agreements have been popular in New Jersey for many years, but some of these agreements have recently taken a new twist. Generally, when we think of premarital agreements, we think of people protecting their...
Is Divorce from Bed and Board a Thing of the Past?
Jun 25, 2013
Divorce from Bed and Board are finally being utilized more and more as a result of the economy and the rising cost of individual insurance. A divorce from bed and board is not a final judgment of divorce which...
The State of New Jersey protects victims of domestic violence through its Prevention of Domestic Violence Act (PDVA) by empowering the family court to grant restraining orders to victims of domestic violence. In...
Can You Contract Away Your Child Support Obligation?
May 29, 2013
This question was answered by the Superior Court of New Jersey, Appellate Division in Ocean County Board of Social Services v. D.R., decided on March 6, 2013. In this case, the child’s father agreed to give custody of the...
Building Effect of Marital Settlement Agreements
May 29, 2013
In many cases, a marital settlement agreement (MSA) or property settlement agreement (PSA) will be incorporated into a couple’s final judgment of divorce (FJOD). A MSA or PSA is an agreement between divorcing spouses, and...
Termination of Alimony Upon Cohabitation
May 08, 2013
The Appellate Division just issued an opinion that will change the alimony landscape in a case where an alimony recipient lives with someone in an attempt to avoid losing his/her alimony. In Reese v. Weis, the former wife...