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Recent Blog Posts

Little Girl Crying With Shadow Of Parents Arguing - Home Violence And Divorce

How New Jersey Courts Evaluate Whether There Was “Harassment” Sufficient to Obtain a Restraining Order

By John B. D'Alessandro |

Domestic violence is all-too pervasive across the country. In New Jersey, if you experience domestic violence in the form of assault, threats, harassment, stalking, or in any other manner, you can seek a restraining order from the court to prevent the alleged abuser from having contact with you. You can seek a temporary restraining… Read More »

Unhappy couple dividing marital property in office of divorce lawyer

Is a Professional Degree Marital Property in New Jersey?

By John B. D'Alessandro |

During a divorce, shared marital property is divided among the divorcing couple according to the principles of equity and fairness. Marital property generally means property acquired during the marriage, outside of certain special circumstances such as inheritance or gifts. But how do New Jersey family courts handle intangible, hard-to-define assets, such as enhanced earning… Read More »

Broken Family

My Spouse is Wasting or Destroying Marital Assets During the Divorce

By John B. D'Alessandro |

Emotions can run high after a divorce is filed, or even before the divorce is filed when the signs are clear that the marriage is likely to end. Some people, unfortunately, choose to act out with petty acts of vengeance against their soon-to-be-ex. If your spouse starts giving away or destroying joint marital assets… Read More »

Two broken wedding rings on divorce word in dictionary.

Divorce and Life Insurance in New Jersey

By John B. D'Alessandro |

When many people think of divorce settlements, they are mainly thinking of “who gets the house” and “who gets the kids.” Divorce settlements, however, involve a whole host of financial decisions and asset apportionment considerations, including personal property, real property such as houses, intangibles such as stock and business ownership, and financial decisions incident… Read More »

Two keys with splitted or broken key rings with pendant in shape of house divided in two parts on wooden background with copy space. Dividing house when divorce, division of property, real estate heri

Who Gets the House In a New Jersey Divorce

By John B. D'Alessandro |

You hear it on television or from your friends: “She/he got the house in the divorce.” The marital home is often a hotly contested asset in a divorce, especially if the couple has been together for a long time, has shared children, and both parties have put equity in the home. How does a… Read More »

Happy family couple

What Constitutes “Remarriage” for the Sake of New Jersey Alimony?

By John B. D'Alessandro |

After a divorce, clients are often excited to move on with their lives. While we do encourage clients to get back to their regular lives after divorcing, which does include dating, it is important to be careful with new relationships after a New Jersey divorce. New relationships can affect divorce-related issues, including alimony, child… Read More »

Portrait of couple holding white blank paper sheet together

Premarital Agreements vs. Cohabitation Agreements

By John B. D'Alessandro |

Most of our clients are familiar with premarital or prenuptial agreements (aka “prenups”): Before entering a marriage, you and your spouse can agree on a variety of financial matters concerning your marriage and what would happen in the event of a divorce. Fewer people are aware, however, that people in a long-term relationship without… Read More »

Male sperm donor visiting clinic

Do Sperm Donors Have Parental Rights in New Jersey?

By John B. D'Alessandro |

As biological technology evolves and cultural norms shift toward the acceptance of more types of familial arrangements such as same-sex marriages, the use of sperm donors, in-vitro fertilization (IVF), gestational carriers (aka surrogate mothers) and other fertility alternatives are becoming more and more commonplace. Have the laws on the books caught up with the… Read More »

Annulment - legal concept

Should I Get An Annulment Instead of a Divorce?

By John B. D'Alessandro |

If you are facing the end of your marriage, you may wonder about your best legal option, given your familial circumstances. Clients often ask about the benefits of mediation, legal separation, contested vs. uncontested divorces, etc. Occasionally, clients who believe they have a very serious reason for ending a marriage wonder if they are… Read More »

Cohabitation vs Marriage - Traffic sign with two options - unofficial couple living together vs married wife and husband as official partners

No Discovery to Prove Cohabitation Absent Prima Facie Showing

By John B. D'Alessandro |

Last month we discussed a case in which the New Jersey Appellate Division refused even to open the door for a child custody evaluation absent a showing of changed circumstances sufficient to justify modifying a custody order. The Appellate Division just issued another “don’t put the cart before the horse” decision along the same… Read More »

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