New Jersey Family Law

MADISON NEW JERSEY MORRIS COUNTY DIVORCE ATTORNEY MEDIATION

A pastor's soon-to-be-divorced wife has argued ( and trial court Judge Arthur M. Diamond has agreed to hear her arguments) that her husband's church should be considered a marital asset. The wife, whose name was redacted from the published ruling, argues she and her husband started the church with $50,000 of their common money and that he went on to use it as a "personal piggy bank." Said her lawyer, "That church is no different than any other business he might have opened." The judge has ordered a financial appraisal of the church.     The Associated Press, November 19, 2007

MONTCLAIR NEW JERSEY ESSEX COUNTY DIVORCE PERSONAL PROPERTY LAWYER

Even the Strahans' twin 2-year-old daughters' bed was sold off by the New Jersey divorce judge, at the insistence of their NFL-star father. The bed went for $8,750 in the auction to divide the assets of Jean and Michael Strahan after their prolonged divorce.  Before the auction, Jean said she wanted the bed - it was only expected to go for about $3,000, but she got into a price war with another bidder. Since she gets half of all of the proceeds of the auction anyway, she wasn't too concerned. "It was a good battle, but I paid $16,000 for [the bed]," she said. More than 220 items from the couple's 7 -year marriage - including the bed and the family's 8 -foot, walnut kitchen table - were on the block. In court, Jean had asked Michael to let her temporarily keep the furniture in the home she shares with their twins until she sells the house. But the sack king - who astonished the divorce-court judge when he argued that even his daughters' baptismal cradle, chairs and other personal items should be sold off - refused.   New York Post, September 17, 2007

ALPINE NEW JERSEY BERGEN COUNTY DIVORCE FRAUD MEDIATION LAWYER

The lender alleged the husband fraudulently transferred his interest in the marital home to his wife and thereby violated the New Jersey Uniform Fraudulent Transfer Act.  The husband's defense was he received reasonably equivalent value from the wife for the transfer -- $400,000 in loan proceeds for his businesses -- in return for giving up his equity interest in the home. Examining the  "badges of fraud", the court grants summary judgment to the lender as to "actual fraud " but finds in favor of  the husband and wife as to "constructive fraud ".  Proof of the former under N.J.S.A. 25:2-25(a) must be by clear and convincing evidence, whereas proof of the latter under N.J.S.A. 25:2-25(b) must be by a preponderance of the evidence.  The CIT Group/Equipment Financing, Inc. v. Zavidow, et ux., et al., Ch. Div. Bergen Cy. (Contillo, J.S.C.) , September 12, 2007

WAYNE NEW JERSEY PASSAIC COUNTY DIVORCE LAWYER EQUITABLE DISTRIBUTION

While they were happily married, his parents gave the husband and wife an option to buy the parents' condo. The ex-wife wife tried to exercise this option after the parties' New Jersey divorce. Because the ex-husband objected, the New Jersey divorce judge refused to order the property condo sold. The option agreement should be interpreted to provide that neither the ex-wife nor the ex-husband had the right to exercise the option alone. The ex-husband did not breach any legal duty he owed to the ex-wife.      Devlieger v. Devlieger, New Jersey App. Div., September 7, 2007

MORRISTOWN MORRIS COUNTY DIVORCE BUSINESS VALUATION ATTORNEY

The parties acquired various liquor stores during the New Jersey marriage. Although the New Jersey divorce judge erred by denying a credit for store inventories, the following rulings are affirmed : (1) valuation of the ex-husband's interest in the Hackensack store, (2) distribution to the ex-husband of half of the proceeds from sale of the Randolph store without imposing income tax liability on him, (3) distribution of the sale proceeds on property the ex-husband purchased during the marriage, (4) the finding that the ex-wife violated litigant's rights, and (5) the awards to the ex-husband of attorney's fees and a credit for the equitable distribution of the Hackensack store. Maybaum v. Maybaum, New Jersey App. Div., July 2, 2007

SADDLE RIVER NEW JERSEY BERGEN COUNTY DIVORCE MEDIATION

An energy magnate's estranged wife was awarded $184 million in what appears to be one of the biggest divorce verdicts in history. Citing irreconcilable differences, Maya Polsky, a 55-year-old art gallery owner, filed for divorce from her husband, Michael Polsky, in 2003. The couple married in 1975 in Kiev, Ukraine, then part of the Soviet Union. They arrived in the United States in 1976 with 4 suitcases and $500 in cash.  The husband later launched the company that eventually sold in 2000 for about $450 million. The president of the American Academy of Matrimonial Lawyers said he wasn't aware of a bigger divorce award in the United States.  June 26, 2007

FORT LEE NEW JERSEY DIVORCE MEDIATION

Mom and Dad obtained their New Jersey divorce. Their son lived with the mother in the grandfather's home "most of the time". The son admitted he stole $3,800 in quarters the grandfather stored in the basement of the home. Although the son and his mother executed an agreement promising to repay the $3,800, the father did not. The grandfather sought a judgment that declared both defendants responsible for the $3,800. While it was proper to enter judgment against the mother and son, the father could not be held liable. There was no showing that the father knew or should have known about the quarters or the son's intent to take them or that the father had the ability to control the son while the son was in the grandfather's home.   Reading v. Mahon, New Jersey App. Div., May 21, 2007

SUMMIT DIVORCE ATTORNEY

They agreed his stock options were worth $184,000 for equitable distribution purposes. But 11 days after signing off on this deal, the ex-husband changed his mind and sought to revoke this part of their agreement. Using a new valuation expert, he argued the stock options were worthless. Without a hearing, the Family Part judge granted the ex-wife's motion to enforce and denied the ex-husband's motion for reformation. The Appellate Division affirmed because the parties' certifications did not raise a genuine factual dispute as to whether there was mistake or fraud. Both parties were well-educated and well-represented. Moreover, the ex-husband sought to obtain the benefits to which he was entitled under their agreement. Although he was in control of the asset which he later claimed was undervalued, he had been in the best position to determine the true value of the stock options prior to negotiations. He showed no fraud or other inequitable conduct on the part of the ex-wife in the negotiations.    Minervini v. Minervini, New Jersey App. Div., March 12, 2007

HUDSON COUNTY DIVORCE MEDIATOR

The New Jersey divorce judge ordered the sale of the parties’ marital residence, after which the proceeds were to be held in escrow pending a determination of certain credits. But the order was entered based entirely on the ex-wife's certification detailing the credits. The appellate court reverses and agrees with the ex-husband that he is entitled to an evidentiary hearing, prior to the possible sale of the house to a third party, in order to challenge the validity of the credits. Without such a hearing, the ex-husband is unable to rationally decide whether he is in a position to purchase the ex-wife's interest in the property.     Marchie v. Nevins, Sr., New Jersey App. Div., March 1, 2007

DEMAREST DIVORCE MEDIATION

Husband's expenditure of approximately $30,000 of marital funds to purchase car to restore with his son, which husband intended to gift to son upon completion of restoration, did not constitute dissipation of assets justifying award of $15,000 to former wife. Although the decision to spend these funds might have been imprudent or unwise, they were nevertheless expended on an endeavor within ambit of the family.   Squindo v. Osuna-Squindo, Florida Third District Court of Appeal, December 20, 2006; 

http://www.3dca.flcourts.org/3d05-1616.pdf