A recent decision came down from the Appellate Division, which should remind all parties and attorneys of one important factor: settlement agreements are binding and enforceable, and they must be drafted with the utmost clarity to guide (or prevent) future litigation. Moreover, this should encourage those going through a divorce to review- in detail- their…
When there is a Temporary Restraining Order issued under the predicate act of Harassment, the first issue arises as to what “harassment” is, how it is defined, and practically what constitutes harassment. When someone feels “harassed” by the other party, that does not necessarily fit the legal definition of harassment. Harassment, in part, is defined…
In order to protect a victim’s safety in the face of domestic violence, it is sometimes necessary to obtain a Temporary Restraining Order. After a Temporary Restraining Order is issued, the Court is to schedule a trial to determine if a Final Restraining Order should be entered in accordance with Silver v. Silver, 387 N.J.…
The term “stalking” carries a connotation of someone following us down the street, peeking out from the bushes, and peering in our windows. However, in today’s world of technology, a person doesn’t need to be present to be a stalker. In the recent decision, E.D.B. v. D.S., the Appellate Division affirmed the trial court’s determination…
According to the Appellate Division, there is no difference between “living with someone” and “cohabitation”, despite one individual’s attempt to distinguish the two. The facts are as follows: after a 20-year marriage, the parties divorced on July 11, 2013. Their Marital Settlement Agreement (hereinafter referred to as “Agreement”) required Defendant (hereinafter referred to as “Rob”)…
In an illustrative, though unpublished case, Judge L.R. Jones, (ret) addressed head on the unspoken truth about maintaining the marital “status quo” pendente lite. Malek v. Malek featured a typical middle-class divorce quandary: Plaintiff Husband was the breadwinner as a public school teacher earning $90,000 a year while Defendant Wife was a part-time hair dresser…
In Atwell v. Atwell, the Appellate Division addressed the trial court’s obligation to consider pendente lite support paid by an obligor spouse in awarding limited duration alimony pursuant to the recently revised alimony statute, N.J.S.A. 2A:34-23. Defendant husband appealed the trial judge’s award of five (5) years of limited duration alimony commencing from the entry…
In the landmark case of Tannen v. Tannen, 416 N.J. Super. 248 (App. Div. 2010), the Appellate Division conclusively determined (as upheld by the Supreme Court, see 208 N.J. 409 (2011)) that a divorcing spouse could not be imputed income based upon their interest in a discretionary trust for the purpose of calculating support obligations.…
Ziegler & Resnick LLC is proud to announce that our team was recently featured in recent issue of New Jersey Monthly. A profile of our firm appears in the April 2017 issue as part of New Jersey Super Lawyers section, highlighting some of the most trusted and accomplished attorneys and firms in the state. “Ziegler…