New Jersey Family Law

DIVORCE DISSIPATION NEW JERSEY HARRISON HOBOKEN JERSEY CITY SECAUCUS HUDSON COUNTY NJ ATTORNEY MEDIATION

A New Jersey divorce litigant may be surcharged for dissipation of marital assets if she/he "uses marital property for his or her own benefit and for a purpose unrelated to the marriage at a time when the marriage relationship was in serious jeopardy.'"         Curley v. Curley, New Jersey App. Div., May 21, 2012

BERGEN ESSEX HUDSON COUNTY NEW JERSEY MATRIMONIAL MEDIATOR ATTORNEY

 
During a New Jersey divorce case, payments from one of the divorcing spouse's parents will not be upheld as bona fide debt, unless clear proof is produced.     Bogdan v. Bogdan, New Jersey App. Div., October 14, 2011

HANOVER CHATHAM MENDHAM MORRISTOWN MORRIS COUNTY NJ DIVORCE BASEBALL CARDS MEDIATION LAWYER

 
A baseball memorabilia collection may be an asset subject to equitable distribution in a New Jersey divorce.    Tully v. Tully, New Jersey App. Div., July 9, 2011

CALDWELL ESSEX FELLS LIVINGSTON GLEN RIDGE ESSEX COUNTY NJ DIVORCE PROPERTY DISTRIBUTION MEDIATOR LAWYER

 
When New Jersey divorcing couples dispute the distribution of their items of personal property, one solution is the "two lists" method.     Baldinger v. Baldinger, New Jersey App. Div., July 8, 2011

NEW JERSEY DIVORCE HOUSE SALE HACKENSACK BERGEN COUNTY MEDIATION ARBITRATION LITIGATION LAWYER

 
Because the New Jersey judgment of divorce was silent regarding the value to be ascribed to the marital home if it was not sold upon the triggering event, it fell to the New Jersey divorce judge to supply that omitted term.     Sachau v. Sachau, N.J. (2011); 2011 WL 1775988; New Jersey Supreme Court, May 6, 2011

SADDLE RIVER HOHOKUS ALPINE CRESSKILL BERGEN COUNTY NJ DIVORCE MEDIATION LAWYER

 
A New Jersey divorce judge has the power to order one spouse to transfer part of a family business to the other spouse and to enter an accompanying restrictive covenant.    Romito v. Romito, New Jersey App. Div., April 5, 2011

SUMMIT UNION COUNTY NEW JERSEY DIVORCE ATTORNEY MEDIATION

The good news : they successfully got their New Jersey divorce. The bad news : they neglected  conveyance of the marital home and transfers of a pension plan and a 401K plan. Because of the years of delay, the underlying asset values dropped. The New Jersey divorce judge's decision to fix valuation as of the original intended date of sale is now affirmed on appeal. Rendine v. Rendine, New Jersey App. Div., January 14, 2010

FLORHAM PARK MORRIS COUNTY NEW JERSEY DIVORCE DEATH EQUITABLE DISTRIBUTION MEDIATION LAWYER

In Carr v. Carr, the New Jersey Supreme Court permitted the wife to pursue her New Jersey divorce equitable distribution claims against the estate of the deceased husband. Here, this doctrine is extended allow the estate of the husband to the same type of relief against the wife.     Kay v. Kay and Estate of Kay,   N.J.   (2010); New Jersey Supreme Court, January 7, 2010

WEEHAWKEN HUDSON COUNTY NEW JERSEY DIVORCE MEDIATOR ATTORNEY

Although the New Jersey divorce judge was correct in finding a net credit of $36,062.38, it was error to order the credit to be paid from a joint escrow account. Rather, the account should first have been divided equally and then the credit should have been paid from plaintiff's share.   Czuchnicki v. Czuchnicki, New Jersey App. Div., November 12, 2009

BERKELEY HEIGHTS UNION COUNTY NEW JERSEY DIVORCE LAWYER MEDIATOR

In New Jersey, divorce assets are divided in "equitable distribution." But does "equitable" mean "equal?" No. In this case, the husband received a two-thirds/one third split. The New Jersey divorce judge considered all relevant statutory elements and appropriately placed significance on his inheritance, which he comingled with marital assets and which were undisputedly earmarked for the benefit of the parties' children and grandchildren. Moreover, he insisted on joint signatures on large withdrawals, when the wife attempted unilateral withdrawals.  Speck-Bartynski v. Bartynski, New Jersey App. Div., September 25, 2009