ROSELAND NEW JERSEY ESSEX COUNTY DIVORCE ALIMONY COUNSEL FEES

This New Jersey divorce case involved a 26 year marriage. The husband appealed from the New Jersey judgment of divorce that granted alimony and denied counsel fees. The ex-wife suffered from Lupus, had sustained two strokes, and was determined to be disabled by the United States Social Security Administration. Accordingly, the court held that no income should be imputed to her. Plaintiff bore the burden of overcoming the presumption of defendant's disability and he failed to do so. Defendant had no means to pay a counsel fee award . In any event, applying the appropriate factors, each party should pay his or her own attorney fees.     Reader, Jr. v. Reader, New Jersey App. Div., February 20, 2008