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Recent Blog Posts

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Determining Pendente Lite Support when Both Spouses Are Strapped

By John B. D'Alessandro |

In a recent post, I explained the important role that orders play in the family law case, and mentioned that one particularly important form of order is the one granting pendente lite alimony, or temporary alimony granted to the more-financially-dependent spouse that lasts only through the divorce trial. A recent case coming before Judge… Read More »

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Supreme Court Addresses Termination of Alimony upon Cohabitation

By John B. D'Alessandro |

New Jersey Family Part judges often consider cases focusing on whether an alimony recipient is cohabiting with a new partner after a divorce, and if so, whether the cohabitation should spell the end of that spouse’s alimony payments. One such case recently resulted in a divide among the justices of the Supreme Court of… Read More »

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Court Orders in Family Part Proceedings

By John B. D'Alessandro |

If you are going through a divorce or a dispute over custody, you may have noticed by now that court orders hold a great deal of significance. Learn more about what court orders mean, and how they’re created, below. In a future post, we will discuss what to do when a court order is… Read More »

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Courts Should Consider Couples’ Savings Habits when Calculating Alimony

By John B. D'Alessandro |

In a recent opinion that has been submitted for publication, making it binding law in the state of New Jersey, the New Jersey Appellate Division addressed how a once-married couple’s savings habits, and not just their spending habits, should play a role in the calculation of alimony payments. The case, titled Lombardi v. Lombardi,… Read More »

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Divorce for Parents of Special Needs Children

By John B. D'Alessandro |

Raising a child with special needs can be extremely demanding for couples. Issues such as the struggle to find the money for the therapeutic, educational or medical interventions your child may need, along with the difficulty in watching a child fail to thrive in the same manner as their peers, can make having a… Read More »

Alimony written on an envelope with cash.

Court Finds that Unrepresented Spouse May Not Have Knowingly Waived Right to Alimony

By John B. D'Alessandro |

A recent decision from the New Jersey Appellate Division has offered one former spouse an opportunity to prove the unfairness of a property settlement agreement. The spouse contends that she signed the first agreement both while unrepresented by an attorney and while under treatment for drug addiction and depression, and thus did not have… Read More »

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Appellate Division Examines Claims of Fraud in Marital Settlement Agreement

By John B. D'Alessandro |

A recent case examined by the New Jersey Appellate Division is a cautionary tale regarding why it is important to have all the details of your divorce settlement agreement in writing, and why you should rely on the opinion of your attorney when entering into a contract. In the case titled Corman v. Corman,… Read More »

sad preteen boy unhappy about parents divorce

Award of Sole Legal Custody to Father Affirmed on Appeal

By John B. D'Alessandro |

In a recent opinion issued by the New Jersey Appellate Division titled M.I. v. J.I., the justices explored in detail what went into a trial court judge’s decision to award sole legal custody to a father after a bruising divorce trial, and why they affirmed the trial court’s decision. The opinion provides insight into… Read More »

rolled up money and a prenup form

Court Upholds Validity of New Jersey’s 2010 Palimony Law

By John B. D'Alessandro |

In an opinion recently released by a New Jersey Superior Court judge in Bergen County, the judge upheld the requirement that palimony agreements be made in writing in order to be found valid. The opinion was issued in the case Lee v. Kim, where the plaintiff ex-girlfriend and mother of the defendant’s child claimed… Read More »

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Appellate Division Considers Child Support and College Contribution for Older Children

By John B. D'Alessandro |

A recent Appellate Division case addressed the complexities of paying child support for unemancipated children over 18, both who are in college, and who have serious disabilities. The couple at the center of Annunziato v. O’Shea were divorced in 2009. The couple had four children, two of whom were minors when they divorced. “John”… Read More »

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