New Jersey Family Law

SUMMIT NEW JERSEY UNION COUNTY DIVORCE MEDIATION LAWYER LIMITED DURATION ALIMONY ARBITRATION

The parties to this New Jersey divorce agreed to submit certain issues to an arbitrator. Afterwards, the husband tried to appeal the amount of the Arbitrator's award of limited duration alimony to the wife. But the Arbitrator considered the appropriate statutory alimony factors, such as the amount of and disparity in the parties' respective incomes; the fact that the wife had been a dependent spouse and now wished to finish her medical residency; and the parties' marital standard of living. The Arbitrator's decision was not the product of fraud, corruption or wrongdoing, and made no technical errors in computation. As such, it cannot be undone by the court.     Doctoroff v. Doctoroff, New Jersey App. Div., September 21, 2007

SOUTH ORANGE NEW JERSEY ESSEX COUNTY DIVORCE ARBITRATION LAWYER

An agreement to arbitrate, executed by two sophisticated parties, each represented by counsel, was binding, particularly in precluding judicial review beyond the trial-court level.    Van Duren v. Rzasa-Ormes, ___ N.J. Super. ___ (App. Div. 2007); New Jersey App. Div. June 25, 2007

MORRISTOWN NEW JERSEY MORRIS COUNTY DIVORCE ATTORNEY

After their New Jersey divorce, they agreed to arbitrate their post-judgment disputes and signed an arbitration agreement stating "any decision of the Arbitrator can be appealed on the same basis as an Order on Judgment of the Superior Court."  However, such an appeal must be to the Appellate Division and not the New Jersey divorce court. The parties may not by contract create appellate jurisdiction.    Hogoboom v. Hogoboom, etc., ___ N.J. Super. ___ (App. Div. 2007); June 18, 2007, New Jersey App. Div.

NEW JERSEY DIVORCE ARBITRATION

New Jersey divorce parties refer to "going to court". But contested divorces can also be resolved through arbitration, instead of litigation. In this case, the Appellate Division approves of the binding arbitration agreement under which all economic issues were resolved by neutral arbitrators. The parties agreed the arbitration award would not be appealable under the arbitration statute, common law or the Alternative Dispute Resolution Act. Moreover, the parties mutually selected arbitrators experienced in New Jersey Family Law. Thus, review is limited and, barring corruption, fraud, undue means or a violation of public policy, the final outcome cannot be set aside.    Anderson v. Anderson, New Jersey App. Div., June 6, 2006

NEW JERSEY DIVORCE ARBITRATOR : WIFE NOT LIABLE

In a dispute between an emergency room physician and the medical group at a hospital, the issue was submitted to arbitration. Plaintiff was successful at arbitration, and the trial court affirmed the award. However, the award against the individual defendant's wife was erroneous. While appreciating the arbitrator's intent to give plaintiff a method to ease his ability to collect the award against the individual defendant, the wife was not a party to the arbitration agreement, and the arbitrator made no finding that she had conspired with her husband against plaintiff.     Dorfner, et al. v. Point Emergency Physicians, P.A., et al., New Jersey App. Div., April 25, 2006

NEW JERSEY DIVORCE ARBITRATION

Because the arbitration award of a retroactive increase in alimony covering the 8-year period since entry of the New Jersey judgment of divorce was beyond the parties' submission to the arbitrator, the trial judge erred in confirming the award. The decision is reversed. Schwitzer v. Schwitzer, New Jersey App. Div., January 27, 2006

Kinder, Gentler Divorce

One of the ways of resolving a New Jersey divorce is through arbitration, a respected method of Alternate Dispute Resolution. However, it's important to follow appropriate legal procedures. Here, because the trial court mistakenly failed to consider whether the Rabbinical court’s arbitration decision was the product of "corruption, fraud, or undue means," and whether the Rabbinical court’s child-related decisions were in the best interests of the parties’ children, the judgment must be reversed. Lowy v. Lowy, New Jersey App. Div., May 12, 2005

Appealing

In resolving their New Jersey divorce case, the parties are free to select alternative dispute resolution methods. One of those is arbitration, which can be "binding" or "appealable". If the latter, however, this case makes it clear that any appeal must first be to the trial court. The parties cannot by their agreement create a right of direct appeal to the Appellate Division. Weinstock, etc. et. al., v. Weinstock, etc., et al.,, ___N.J. Super.___ (App. Div. 2005); 2005 WL 954868; April 28, 2005.