Blog Archives

With regard to the enforcement of a Property Settlement Agreement, Rule 1:10-3 provides a mechanism, coercive in nature, to afford relief to a litigant who has not received what a Court Order or Judgment entitles that litigant to receive

Posted in *All Posts, Agreements, Aid of litigants rights, Divorce, Litigation, Motions, Property-settlement-agreement, Settlement agreement

The party alleging dissipation of marital assets has the burden of proof on the issue

Posted in *All Posts, Dissipation of marital assets, Divorce, Equitable-distribution

A non-owning spouse may be eligible for a share of the mortgage paydown during the marriage on an otherwise exempt, premarital property

Posted in *All Posts, Divorce, Equitable-distribution

Personal property acquired during the marriage does not automatically becomes joint property

Posted in *All Posts, *Published case, Divorce, Equitable-distribution, Property

Where an innocent bank granted a mortgage on realty based on the husband’s forgery of the wife’s signature, the bank’s claim would not be defeated by a subsequent transfer of the realty to the wife as equitable distribution in a divorce proceeding

Posted in *All Posts, Divorce, Equitable-distribution, Fraud, Real-estate

An executor lacks standing in litigation involving the estate until the will has been probated

Posted in *All Posts, Divorce, Equitable-distribution, Litigation, Probate

Property subject to equitable distribution includes property that was obtained during the marriage due to efforts by either spouse

Posted in *All Posts, Divorce, Equitable-distribution

The portion of a pension legally or beneficially acquired by either party during marital coverture is subject to equitable distribution

Posted in *All Posts, Divorce, Equitable-distribution, Pension

If child support and alimony are being determined simultaneously, the court should set the alimony first and include that amount in the recipient’s gross income before applying the child support guidelines

Posted in *All Posts, Alimony, Child-support, Divorce

The court may impose a constructive trust upon life insurance policy proceeds by reforming the policy to enforce the term of the a judgment of divorce

Posted in *All Posts, Child-support, Divorce, Life insurance

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