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HOME SWEET HOME: DEALING WITH REAL ESTATE AND DIVORCE IN AN EVER-CHANGING MARKET

For most people going through a divorce, their interests in real estate are often the primary assets that need to be divided. Whether it is the marital home, a vacation property, or commercial real estate, most litigants question how they are addressed in a divorce. Like all other assets acquired…

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Getting A Hearing When Your Spouse Cohabits Just Got Easier

In a previous blog, I promised that the Appellant Division was going to revisit the proof required to be presented before one could obtain discovery of a dependent former spouse’s social and financial circumstances; as of today June 17th, 2021, the case has been decided although not yet approved for…

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Proof Needed to Prove Cohabitation will soon be Clarified….

On June 8th, I argued a case of significant importance in the Appellant Division. Although I have not received a decision as of yet, I am still of the belief I was heard. The case involved an application from the supporting spouse to terminate alimony based on the cohabitation of…

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MODIFYING SUPPORT: FIRST A PRIMA FACIE CASE

In many divorce cases, obligations for the payment of alimony and/or child support are established. Whether the result of an agreement between the parties or an order of the Court, such support obligations are generally determined based upon the relative financial circumstances of the parties at the time the agreement…

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Change During the Holidays

With the COVID-19 pandemic raging, I have spent a lot of time thinking about what the holidays will be like this year. Of course, the holidays are supposed to be a time filled with love and joy; a time spent with family and friends. This is true no matter what…

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New Jersey Appellate Division Clarifies Whether the Changed Circumstance Standard Applies in Post-Judgment Cohabitation Cases

Ascertaining whether a supported spouse is cohabiting with a romantic partner in such a way that it constitutes a changed circumstance warranting a modification of alimony is often an issue that family courts have address.  In 2014, the New Jersey Legislature modified the alimony statute, N.J.S.A. 2A:34-23(n), to codify factors…

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THE GAMES [DIVORCING] PEOPLE PLAY

Divorce is a life-altering event. For many it is an emotionally charged situation. The person you had loved and intended to share a life with is now someone who you consider your “enemy” – viewing them from indifference to hatred. Any sense of trust has gone out the window. For…

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Settlement When it is Right – and For the Least Possible Cost

There is a saying among realtors that the first offer is usually the best offer. Why is that?  Because the first offer is made when the property is freshly on the market. When real estate sits buyers become suspicious. There is also the cost of holding the property to factor…

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Digital Healthcare Records: Should Kinsella Hit the Refresh Button?

I recently attended a seminar where the topic concerned the obtaining, analysis and use of medical records. While the main focus was how medical records were dealt with in civil litigation matters such as medical malpractice and personal injury cases, it was clear that a number of the issues discussed…

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New Jersey Supreme Court Addresses Warrantless Searches and Seizures of Evidence in Domestic Violence Cases

It is well cited the significant extent that domestic violence is in this State and in this country.  It has also been in the news over the course of the last year or more the danger that police officers and the need for them to protect themselves on the job.…

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