New York Law Journal | Analysis
By David I. Faust | January 26, 2024
Marriages may be made in heaven but, in the courts of the state of New York, marriages are treated as economic partnerships. There are three economic aspects to this partnership: equitable distribution, maintenance and child support. Trust law and matrimonial law intersect on all three.
By Kate Brumback and Alanna Durkin Richer | The Associated Press | January 23, 2024
Joycelyn Wade's attorney has filed court documents showing Nathan Wade bought plane tickets in Fulton County DA Fani Willis' name, arguing there "appears to be no reasonable explanation for their travels apart from a romantic relationship."
By Cedra Mayfield | January 23, 2024
"[T]he wife asked for custody of a hunting dog ... [but] did not hunt; the husband did," said Cobb Judicial Circuit Chief Judge A. Gregory Poole. "She was clearly asking for the dog out of spite."
By Colleen Murphy | January 22, 2024
"Other legislators and governors may take notice and say, 'Well, maybe we can do something like this in our own jurisdiction in order to further assist and provide protection for survivors of domestic violence who are pregnant," said retired Superior Court Judge Lawrence R. Jones.
New Jersey Law Journal | Commentary
By New Jersey Law Journal | January 22, 2024
This year's family law special section covers the antiquated legal difficulties that same-sex couples face when they try to adopt; offers advice about dividing child custody time in ways that are best for the child; explains the many nuances of dividing business and retirement assets in divorce; and much more.
New Jersey Law Journal | Commentary
By Lisa S. Presser and Brian M. Balduzzi | January 22, 2024
With many couples choosing to wed for the first time later in life, and other couples choosing to re-marry in their golden years, changes in marital status can impact a family's estate planning in important ways. Both family law and estate planning attorneys should be aware of the substantive nuances each brings to the client relationship as well as ethical issues in this type of engagement.
New Jersey Law Journal | Commentary
By Tracy Julian and Matthew A. Smuro | January 22, 2024
Equitable distribution of assets is a multi-phase process that includes: (1) identifying each asset owned by either party; (2) valuing each asset; and (3) allocating ownership interests and distributing each asset pursuant to the factors set forth in N.J.S.A. 2A:34-23.1.
New Jersey Law Journal | Commentary
By Tanya N. Helfand | January 22, 2024
When negotiating equitable distribution in a divorce, both sides should consider the possible benefits and risks of the division of assets in equitable distribution. One option that can work in many cases is the immediate offset of a pension based on present value.
New Jersey Law Journal | Commentary
By David Carton and Lynne Strober | January 22, 2024
One of the roles of a family law attorney is to play defense with respect to dissipation of a marital estate during a divorce. There are two vehicles an attorney can use to achieve the goal of preventing the sale of real estate: (1) obtain an order prohibiting the sale of real property; or (2) file a notice of lis pendens.
New Jersey Law Journal | Commentary
By Rebecca E. Frino and Xena A. Balcazar | January 22, 2024
Has a client asked you to look under every rock to account for every dollar spent in their 20-plus year marriage? Has a party refused to provide responses to discovery to the point where litigation has ground to a halt and the case cannot proceed? Has a client demanded that you depose the other party's employer? If you are regularly involved in divorce litigation, the answer to these questions is likely a resounding "yes."
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