EDGEWATER DIVORCE MEDIATOR

The New Jersey divorce judge was wrong in granting the ex-wife $36,774 in counsel and expert fees in this multi-state custody action. Although the judge appropriately considered each of the required factors, he ultimately based his decision on a belief that (1) the ex-husband chose to litigate in New Jersey (where he lived) rather than Iowa (where the ex-wife and their child lived) in bad faith; and (2) his financial situation permitted him to pay his counsel fees and to contribute to her fees, while she was unable to pay any portion of the costs she incurred. The appellate court notes that the basis for the judge’s first conclusion was incorrect as a matter of law, and the second was reached on conflicting affidavits without an appropriate evaluation of credibility.      Del Preore v. Remmers, New Jersey App. Div., February 5, 2007