Divorce & Family Law

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 →

Pennsylvania Law starts with the presumption that all real or personal property acquired by either party during the marriage is marital property regardless of how it is titled. Marital property also includes the increase in value (during the course of the marriage) of any non-marital property.
The Court is thus more concerned with when the property was acquired rather than how the property is titled. 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 →

In order to determine child support in any divorce case, we are compelled to use the Child Support Guidelines promulgated by the Rules Governing the Courts of the State of New Jersey. Under these Guidelines, we must determine the income of both parents in order to calculate the appropriate amount of child support. Continue reading →