Category: Equitable-distribution

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

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

Equitable distribution of the parties’ marital assets rests within the sound discretion of the trial court

When a party in possession of the former marital home fails to refinance the mortgage so as to remove the ex-spouse’s name from the mortgage note, in violation of court order, the court may grant equitable relief

Pension benefits derived from the joint efforts of the parties are subject to equitable distribution

The purpose of equitable distribution law is at least in part an acknowledgment that marriage is a shared enterprise, a joint undertaking, that in many ways it is akin to a partnership

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

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

Personal property acquired during the marriage does not automatically becomes joint 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

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