New Jersey Family Law

SHORT HILLS MILLBURN LIVINGSTON WEST ORANGE ESSEX COUNTY NEW JERSEY DIVORCE MEDIATIOR ATTORNEY

If New Jersey divorce temporary support payments turn out---in hindsight---to have been excessive, can they be recouped?     Rossi v. Rossi, New Jersey App. Div., August 3, 2010

EMERSON BERGEN COUNTY NEW JERSEY DIVORCE ATTORNEY MEDIATION

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

House For Sale

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.