Category: Divorce

In deciding whether to award counsel fees, the court should consider whether the party requesting the fees is in financial need; whether the party against whom the fees are sought has the ability to pay; the good or bad faith of either party the nature and extent of the services rendered; and the reasonableness of the fees

Cohabitation involves a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household

Alimony may be revised and altered by the court from time to time as circumstances may require

Deciding whether to conduct a plenary hearing

The right of joint possession to the principal matrimonial residence

Our courts place a high value on the settlement of disputes, particularly those involving family matters

When parties jointly file a stipulation of dismissal, the dismissal is generally without prejudice unless otherwise stated in the notice or stipulation

Protocols and parameters regarding communications and submission of documents by the parties and/or counsel to a guardian ad litem or court-appointed expert

The family court may, in order to prevent a substantial injustice, exercise discretion to reopen previously completed divorce proceedings to address issues of equitable distribution which were not otherwise addressed or waived in a matrimonial settlement agreement, or raised by either party in a formally filed Notice of Final Judgment

A court may reduce an alimony obligation when the obligor loses his or her prior W-2 employment, and thereafter makes reasonable attempts to find substitute employment

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