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Recent Blog Posts

Photo of mixed race partners enjoy day off and spare time, embrace and watch tutorial video together on laptop computer. Handsome guy in casual sweatshirt hugs wife, pose on floor in apartment

Dissolving a Civil Union or Domestic Partnership in New Jersey

By John B. D'Alessandro |

New Jersey now recognizes marriage among same-sex couples, as does every state in the nation following the Supreme Court’s 2015 mandate. Like many states, while New Jersey did not permit marriage between same-sex couples before this decision, New Jersey did have alternatives. First there were domestic partnerships, which came with limited rights, and later… Read More »

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Nannies Are “Household Members” Under New Jersey’s Domestic Violence Act

By John B. D'Alessandro |

Domestic violence can take many forms. In addition to physical violence, New Jersey’s 1991 Prevention of Domestic Violence Act (PDVA) prohibits actions such as harassment, burglary, stalking, robbery, sexual assault, false imprisonment, and threats. The PDVA also applies to a wider scope of domestic relations beyond married couples, as evidenced by a recent New… Read More »

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What Happens to the House if a Spouse Dies During Divorce in New Jersey?

By John B. D'Alessandro |

Divorces tend to be complex and emotionally-charged at the best of times. They are never convenient. Determining the equitable division of property, in particular, is a difficult process, especially when the divorce is contentious. The New Jersey Appellate Division recently fielded a case with an unusual complication added to the mix: What happens to… Read More »

inheritance money in form of hundred dollar bills

How Does Inherited Property Affect My New Jersey Divorce Settlement?

By John B. D'Alessandro |

One of the primary activities of any divorce proceeding is tallying up the property and assets of each party in order to determine what is subject to equitable division. While some assets such as income generated during the marriage are clearly part of the marital estate, other types of property involve more nuanced questions… Read More »

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New Jersey Court Rules Temporary Caregivers Cannot Abuse or Neglect Children Under Title 9

By John B. D'Alessandro |

Title 9 governs New Jersey’s child custody scheme. Sections of Title 9 can be used to determine the custody of children in a dispute, particularly if the child has faced abuse or neglect by a parent or guardian. The state can also invoke Title 9 to remove a child from a parent’s control in… Read More »

Documents about qualified domestic relations order (QDRO)

New Jersey Appellate Court Opinion Illustrates Importance of Getting a QDRO

By John B. D'Alessandro |

A recent unpublished decision from a New Jersey appeals court is a reminder of the importance of entering a QDRO at the same time as a divorce decree in order to avoid later headaches and end up losing out on more of your pension than you anticipated. Continue reading for details on the case… Read More »

handwritten graphic that reads follow the guidelines

New Jersey Child Support Guidelines Only Apply Up to Certain Income Threshold

By John B. D'Alessandro |

When divorcing parties disagree as to the amount of child support to be included in a divorce judgment, the court must assess an appropriate child support amount. The court may need to step in again if either party later seeks modification of the child support order. New Jersey courts generally follow specific guidelines in… Read More »

Unhappy married couple sitting opposite getting divorced in lawyer office

Court Finds No Cohabitation for Couple Sharing a Home

By John B. D'Alessandro |

New Jersey law dictates that agreements to pay alimony may be terminated or suspended if the paying spouse can prove “changed circumstances,” such as that the alimony-receiving spouse has begun cohabiting with a romantic partner. Proving “cohabitation” as defined under the law, however, isn’t as straightforward as showing that the spouse shares a home… Read More »

life insurance policy document with hundred dollar bills

Suicide as a Breach of Marital Settlement Agreement

By John B. D'Alessandro |

One of the cardinal rules of both divorces and estate proceedings is that you cannot get around paying your wife. A recent, morbid case, illustrates that the platitude extends even beyond death. A man was required to take out a life insurance policy benefitting his ex-wife and their children as part of their divorce… Read More »

gavel on top of money with wallet for garnishment concept

New Jersey Courts May Garnish a Retirement Plan to Pay Overdue Child Support, Alimony

By John B. D'Alessandro |

Even after a divorce is all said and done, many people find themselves back in court when their ex refuses to pay. Ex-spouses may drag their feet when it comes to paying child support, alimony, health care and college expenses, and other related fees. A New Jersey court recently addressed the unusual circumstances under… Read More »

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