Capacity to Contract and Divorce Settlements

In a recent unpublished decision, the appellate division affirmed a trial court’s denial of a motion to set aside a final judgement. The defendant signed a settlement agreement and then later claimed that she lacked the mental capacity to understand what she was doing. The trial court held a hearing and enforced the agreement. After […]

Can a Final Restraining Order Be Vacated in New Jersey?

In a word yes.  In New Jersey, Final Restraining Orders (FRO) are considered final – like forever. The FRO will remain in effect until the plaintiff dismisses it voluntarily or the court vacates the order upon motion by the defendant. When an FRO is issued the defendant will be placed in the domestic violence registry […]

Alimony and Retirement

In Landers v. Landers, 444 N.J.Super 315 (App.Div.2016), the court considered the application of the revised alimony statute which went into effect in 2014. The parties had been married for 22 years. A Final Judgment of Divorce (FJOD) was entered in 1991. The defendant/ex-husband had been ordered to pay ‘unallocated’ support for the plaintiff and […]

How to Pick a Divorce Lawyer

Divorce Attorney

Going through a divorce can be a challenging and emotional journey, and finding the right lawyer to guide you through this process is essential. However, with so many lawyers out there, the process of picking the right one can feel overwhelming. To simplify this process, here are some pointers for finding a divorce lawyer who […]

What Is Equitable Distribution and How Will It Affect My Divorce in New Jersey?

Dividing Assets

Are you pursuing a divorce in New Jersey? If so, you might wonder what this could mean for your finances, retirement accounts, and other assets. New Jersey is what is called an “equitable distribution” state. Different states use different methods to divide assets in a divorce. But what exactly does equitable distribution mean?  Equitable distribution […]