Drafting settlement agreements require careful language considerations to ensure that the intent of the parties can be determined based upon a plain reading of the agreement. In a recent unpublished Appellate Division decision, we briefed the issue of whether the plain meaning of the terms of a settlement agreement should be strictly construed. In Fanelli…
Many parties today want to attend mediation in an attempt to be cost effective in their divorce. This makes sense, and meditation is often a successful tool utilized to reach an amicable resolution. At the conclusion of a mediation, many mediators will draft a Memorandum of Understanding, reflecting the terms discussed. Following receipt of the…
For many divorcing couples, particularly those who own or have an interest in a closely held family business, cash very often reigns supreme. Often times access to cash, particularly by way of a business, serves to supplement, or enhance a couple’s marital lifestyle far beyond that which may be classified as reported income for income…
New Jersey’s rule governing venue in family court matters, R. 5:7-1, has, until recently been a much overlooked, pro forma, check of the proverbial box when filing a client’s Complaint for Divorce. The overwhelming majority of the time, venue never arises as a “issue” in a matrimonial proceeding, as the Complaint for Divorce is filed…
After a twenty-two-year marriage, Ellen and James decided to divorce. When the parties married, James had recently graduated from college and immediately went to work in his family’s wholesale florist business, Union County Florist Supplies, Inc. (hereinafter referred to as “Florist”), wherein he eventually acquired a 47 ½ interest in the firm and becoming an…
In 2016, the New Jersey Supreme Court addressed the important issue of grandparent/sibling visitation in Major v. Maguire, 224 N.J. 1 (2016). In this matter, one parent of the child passed away and the remaining, living parent cut off the grandparents from the child. The Court initially addressed this issue in Moriarty v. Bradt, which…
You want to dissolve your Final Restraining Order (hereinafter “FRO”). It’s been YEARS since it’s been entered. In fact, you even communicate with the other part and you are confident that he/she no longer “fears” you as they might have once had. You are ready to file a motion to dissolve the FRO, when you…
Although most divorces are usually undesirable and stressful, high-dollar divorces can be an even worse experience. This is because high-dollar divorces often become complicated, drawn-out, and more contentious than traditional divorces. With expensive assets and properties on the line, it is inevitable for former spouses to lash out at one another in an attempt to…
In a recent unpublished decision, the Appellate Division addressed the issue of emancipation and how that relates, in part, to college expenses. In Lichter v. Lichter, 2017 N.J. Super. Unpub. LEXIS 1532 (App. Div. 2017), the Court reviewed a limited record from the trial court to address these issues. The parties entered into a Property…
Paying permanent Alimony? Thinking about retiring? Hoping to terminate alimony as a result? If you said yes to all of the questions above, then you may want to become acquainted with Henneberry v. Henneberry, an unpublished Appellate Division case that was decided this past July 2017. Richard and Barbara were married on February 7, 1970…