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Recent Blog Posts

ex-spouse cohabitates

Court Denies Motion to Terminate Alimony in the Face of Scant Evidence of Cohabitation

By John B. D'Alessandro |

When couples divorce based on an affair or betrayal of trust, there is a natural tendency to feel entitled to some recompense for being treated poorly. However, in the absence of a premarital agreement or the violation of a law, a scorned spouse is no longer entitled to any special benefits for being the… Read More »

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Attending a Hearing in Your Divorce Case? What You Should Know about Courtroom Etiquette

By John B. D'Alessandro |

A divorce trial is many parties’ first experience inside of a courtroom. The rules of courtroom behavior aren’t hard to learn, but they are extremely important. Like it or not, your case can be won or lost based on how you behave in court. Read on to learn about the important rules of behavior… Read More »

paper that reads divorce with a heart

What to Do about a Stalling Spouse

By John B. D'Alessandro |

Divorce is rarely an expedient process, but there are many ways that parties to a split can make it take even longer. Whether out of spite, an unwillingness to compromise, or a desire to reunite, a stalling spouse can cause your divorce to stretch on for years and cost thousands more than it needs… Read More »

house being divided

Becoming a Creditor to an Ex-Spouse

By John B. D'Alessandro |

For many couples, creating a fair and equitable division of marital assets is the most challenging aspect of their divorce. There are many reasons why a spouse might want to receive certain high-value assets without being forced to liquidate them in the split. For example, the parent with residential custody of the couple’s children… Read More »

The document of a Premarital Agreement

New Jersey Appellate Division Reexamines Division of Assets and Application for Fees

By John B. D'Alessandro |

In a recent New Jersey Appellate Division opinion, the judges upheld a trial court decision that affirmed a premarital agreement and a trial court’s division of assets, and awarded the wife attorneys’ fees for defending a meritless attempt to have the couple’s premarital agreement declared void. Read on to learn about the case, and… Read More »

Guy thinking about divorce questions

Four Questions to Ask Before Getting a Divorce

By John B. D'Alessandro |

Making the decision to end a marriage, especially when children are involved, is never simple. Asking yourself the following questions can help you decide whether you’re ready to file for divorce. Speak with a knowledgeable New Jersey divorce attorney with any additional concerns.  Have I done all I can to save or repair the… Read More »

mediation blocks

Preparing for a Divorce Mediation Session

By John B. D'Alessandro |

Mediation can be a less-expensive and less-combative way to resolve your divorce, but many divorcing spouses view it as a mere formality before the “real” divorce trial begins. However, couples who take the mediation process seriously may find that they can reach a settlement without having to go to court. Even though mediation doesn’t… Read More »

sign that reads Fraud

Appellate Division Rejects Claim that Agreement to Settlement was Induced by Fraud

By John B. D'Alessandro |

In a recent case before the New Jersey Appellate Division, the court rejected an attempt to invalidate a divorce settlement agreement filed years after the divorce was finalized. The couple at the center of the recently-decided case of G.M. v. R.M. were married in May of 2000 and separated in August of 2013 after… Read More »

Sign that reads DIY

The Risks of a D.I.Y. Divorce

By John B. D'Alessandro |

In our internet age, you may believe that you can handle any task with the help of some dedicated Googling. There are many self-help legal websites and handbooks that purport to walk readers through the process of handling their own divorce filing without the help of an attorney. While it may be true that… Read More »

Blocks that read divorce

Court Reminds Divorcing Couples to Put It In Writing

By John B. D'Alessandro |

In an opinion recently issued by the New Jersey Appellate Division, the judges reminded litigants that, if a term of your divorce isn’t included in your marital settlement agreement (MSA), it’s highly unlikely that the court will enforce it. The court considered this issue in a case titled Mercado v. Mercado. Battle over daughter’s… Read More »

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