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Archive for February, 2007

*All Posts,Divorce,Marriage

Before granting a divorce, the court must first decide whether the parties are married as a matter of law

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February 28, 2007 at 7:39 pm

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*All Posts,Arbitration | Tags:

Under the New Jersey Arbitration Act, in the absence of indicia that all parties to the arbitration have reasonable advance notice that the scope of the arbitration includes potential liability for treble damages and counsel fees, an arbitrator may not impose such extraordinary relief in the award

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February 27, 2007 at 1:34 pm

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*All Posts,Cohabitation,Modification of Alimony

Cohabitation may, but need not, require modification of a alimony award

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February 27, 2007 at 12:51 pm

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*All Posts,Arbitration

Except for claims of corruption or partiality, an arbitrator may not be called as a witness concerning any decision, or ruling occurring during the arbitration

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February 27, 2007 at 12:44 pm

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*All Posts,Equitable-distribution

A date prior to the marriage may qualify as the date of commencement of the marriage for the purpose of deciding whether property is a marital asset subject to equitable distribution

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February 26, 2007 at 1:28 pm

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Alimony

Neither cohabitation nor retirement automatically mandates termination of alimony.

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February 25, 2007 at 9:27 am

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Grandparent Visitation

Termination of a long-standing relationship between the grandparents and the child, with expert testimony assessing the effect of those circumstances, has been held to be sufficient to warrant an order of visitation.

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February 25, 2007 at 9:23 am

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Cost of Education

Where college costs have been specifically allocated to one parent by mutual decree, the motion judge was not required to apply a multi-factor analysis.

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February 25, 2007 at 9:15 am

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*All Posts,Child-support

A non-custodial parent is relieved from child support obligations where he or she is totally disabled and indisputably indigent, surviving solely on SSI benefits

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February 20, 2007 at 6:15 pm

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*All Posts,Mediation

A take-it-or-leave-it final offer during mediation does not alone make the acceptance of that offer unconscionable

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February 20, 2007 at 6:10 pm

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