Living in proverbial purgatory

For clients who are just starting the divorce process, I often warn that it may get worse before it gets better. This is particularly true for those that are going to be living under the same roof with their soon-to-be ex-spouse during the course of the divorce. In the best-case scenario, divorces should be amicable…

Pascale v. Pascale

Pascale v. Pascale

Most family law practitioners have heard the speech many times from judges, usually at an initial Case Management Conference. You know the one: settle, settle, settle. If you don’t settle, some person in a black robe will have to decide important issues about your life and you will probably be unhappy with the result. The…

Settlement Agreements and School Costs

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 In a recent unpublished Appellate Division decision, we briefed the issue of whether the plain meaning of the terms of a settlement agreement should be strictly construed.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…

Is Cash Really King When You Are Getting Divorced?

Is Cash Really King When You Are Getting Divorced?

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…