The parties were disputing their respective payment obligations pending the sale of their former New Jersey marital home. Against the context of conflicting sworn statements by each party, the New Jersey divorce judge decided the issue, without a plenary hearing. Accordingly, the rulings below are reversed and remanded.Schmitt v. Schmitt, New Jersey App. Div., August 22, 2008
In New Jersey divorce cases, the lower courts were split on when and under what circumstances the marital home or other assets could be sold prior to final hearing. Now, the New Jersey Supreme Court has clarified the issue. Trial courts are now free to order any asset sold before final judgment whenever the circumstances are "fit, reasonable and just".Randazzo v. Randazzo, ___N.J.___ (2005);_____ WL_____ ; July 5, 2005.