PUBLISHED ARTICLES

By: John P. Paone, Jr.* For loyal followers of the annual Top Ten, 2016 will be remembered as the year that Judge Lawrence R. Jones announced his intention to retire from the bench.  Jud...

On Sept.10, 2014, New Jersey Governor Chris Christie signed into law P.L.2014, c.42, which modified New Jersey’s alimony statute. These changes to the alimony statute included a codification of a new legal standard for cohabitation—a standard that had previously been defined ...

At Paone, Zaleski &Murray, we have vast experience handling high asset and high net worth divorce matters.A final resolution of issues in your divorce action including but not limited to alimony, equitable distribution, and child support will be determined in part based upon what assets are in exi...

By: John P. Paone, Jr., Esq. and Cassie Murphy, Esq.*In New Jersey, any person who is a victim of domestic violence may apply for a Temporary Restraining Order against the aggressor. In the event a Temporary Restraining Order is granted, a Court hearing, or trial, ...

By: John P. Paone, Jr., Esq. and Cassie Murphy, Esq.*
In New Jersey, a child who attends college full-time does not automatically become emancipated at age 18. When the parents are divorced, it is not uncommon for one parent to be required to pay child support to the p...

The Rule Regarding Use of Unpublished Opinions:
1:36-3. Unpublished Opinions
No unpublished opinion shall constitute precedent or be binding upon any court. Except for appellate opinions not approved for publication that have been reported...

Without doubt, 2015 was a relatively lean year for reported family law opinions. Gnall v. Gnall, which was one of the most important Appellate Division decisions in recent years was taken up by the New Jersey Supreme Court. This decision was destined to be a landmark, attracting amicus cur...

African-American history in the United States has been recognized annually since 1926, first as “Negro History Week” and later as “Black History Month.” Carter G. Woodson, an African American historian and journalist pioneered the c...

1st century Roman author Pliny the Elder coined the phrase “home is where the heart is.” For parties going through a divorce, the task of resolving what happens to the marital home can be an emotional and heartwrenching experience. One need only harken back about 20 years ago to the case of a misg...

To determine the fair division of assets in divorce cases, both parties must have an understanding of the value of the assets subject to equitable distribution. The value of certain assets can be obtained with relative ease. For example, the value of a bank account or brokerage account can be determin...

Estate planning is personal to every individual. The idea of putting one’s affairs in order is daunting for many individuals for a variety of reasons. For some, it may be the undesirability of discussing death or the management of his or her affairs by third parties. Others wish to forestall potenti...

As the saying goes, “nothing is certain except for death and taxes.” However, prudent tax planning can reduce the bite of the tax collector. Parties going through a divorce can reduce their tax liability by taking advantage of some very basic tax strategies.Believe it or not, something as simp...

Domestic violence is a crime which is blind to sex; class; race; and religion. Victims of domestic violence can be male or female; young or old; rich or poor; and married or single. Regardless of our backgrounds or social standing, many of us know someone who has been the victim of ...

One of the greatest financial expenses parents may face is the payment of their child’s college education. The national average cost for an in-state 4-year institution for the 2014-2015 school year was $9,139.00. For a 4-year private institution, the average costs were $31,231.00. It is no longer su...

Family lawyers frequently hear from alimony payors who discover that their ex-spouse has entered into a romantic relationship with someone new. These payors are often surprised to learn that their ex-spouse’s new relationship does not automatically terminate their obligation to pay alimony. Rather, ...

For over thirty (30) years, New Jersey courts recognized the right of an unmarried individual, living in a marital type relationship, to seek financial relief from his or her significant other upon the dissolution of the relationship. This claim is called “palimony” and is based on a promise by on...

For more than two years now, there has been much debate over how to amend New Jersey’s alimony laws. The culmination of this debate was the passage of a revised alimony statute, which was signed into law by Governor Christie on September 10, 2014. The most significant change is the elimination of pe...

Many people dream of the day when they can leave the workforce and retire. In most cases, significant planning and analysis must be undertaken well in advance of retirement to ensure financial security after income from employment terminates. For parties going through a divorce or who have suppor...

We live in an age where people are living longer and healthier lives; the match-making industry is thriving; and avenues to meet new people, whether it be virtually or in person, seem to increase every day. As a result, single adults have a greater ability than ever before to meet t...

1. PREPARE YOUR OWN EXPERT: When preparing for a custody trial, avoid becoming so focused on perfecting your own cross-examination of the adversary’s expert that you neglect a thorough preparation of your own expert’s testimony. This is a monumental mistake. Preparation of one...

Without doubt, the New Jersey State Legislature took the lead in impacting the course of family law in 2014. Nevertheless, as demonstrated in reported opinions such as Maeker v. Ross, the Court still has the final word in interpreting and shaping the meaning of newly enacted statutes governing our pra...

2013 will be remembered as the year when the State of New Jersey recognized same-sex marriage. In Garden State Equality v. Dow, the Court ended the journey for marriage equality that started with Lewis v. Harris in 2006. Following up on 2012, Judge Marie E. Lihotz of the Appellate Division continued ...

2012 was another banner year for reported family law decisions. Among other matters, the New Jersey Supreme Court decided Gere v. Louis, Segal v. Lynch, and D.W. v. R.W. that made the top ten. Although Justice Virginia Long's retirement brought a close to her reign as the seminal writer of family law ...

2011 was a banner year for reported family law decisions. The New Jersey Supreme Court alone decided five cases that made the top ten. With Justice Long's retirement scheduled for March 2012, be on the lookout for Supreme Court cases with family law implications to be decided soon, including Segal v. ...

In 2010, several factors limited the number of reported family law decisions. The current economic times coupled with the costs involved in taking a case to final hearing and then up on appeal makes the process not financially feasible in many cases. The rise of alternate dispute resolution resolving ...

Similar to 2008, this year resulted in a startling low number of reported family law decisions. This may be a function of the current economic times and the costs involved in taking a case to final hearing and then up on appeal. It may also be a function of the rise of alternate dispute resolution in ...

Equitable distribution in divorce is the process of fairly dividing all assets acquired by both parties during a marriage or civil union.  In most cases, these assets are easy to define and value.  For example, a home can be valued by obtaining a real estate appraisal.  Basic bank and brokerage acc...

Whether your case will be decided in Monmouth County, Middlesex County, or any other county depends on “venue.” “Venue” is the legal term for determining the county in which your divorce or family case will be decided. In divorce and family cases, venue is generally governed by the town where ...

In New Jersey, parents with young children who are going through a divorce must face the difficult task of resolving the issue of custody. Most parents think of custody as a determination of where their child will live and what day-to-day schedule parents will follow with regard to caring for their ch...

In recent years, arbitration has become an increasingly popular litigation alternative for matrimonial practitioners and their clients. Arbitration gives the parties control to choose the individual who will decide their case and cuts down significantly on the time and expense of litigating a case fro...

Not long ago, applications for a reduction in support awoke the skeptic in every judge and almost always resulted in their uniform reliance on a single well-known tenet of family law: A temporary decrease in income is an insufficient basis for modification. See Bonanno v. Bonanno, 4 N.J. 268 (1950); I...

Our courts have limited jurisdiction over claims by grandparents against parents and the decisions they make regarding their children. The court cannot overrule the decision of a parent to deny grandparent visitation merely because it believes that visitation is good, or right, or even in the child’...

Domestic violence remains a serious problem in our society. In 2010, 42,043 new domestic violence complaints were filed which resulted in the entry of 7,816 final restraining orders (FRO). While most domestic violence complaints are bona fide, there are many instances where defendants (men and women a...

In awarding alimony, the court shall consider among other factors "the equitable distribution of property ordered and any payouts on equitable distribution--to the extent this consideration is reasonable, just and fair." N.J.S.A. 2A:34-23(b)(10).1 Income derived from property and capital assets, regar...

I. PrefaceSince 1981, New Jersey courts have been entering final restraining orders (FROs) under the Prevention of Domestic Violence Act. The numbers regarding domestic violence are staggering. According to the Administrative Office of the Courts (AOC) Report on the Prevention of Domestic Violence...

The purpose of this article is to give every practitioner, from the seasoned attorney to the first year associate, a basic understanding of the treaty formally known as the Hague Convention of October 25, 1980 on the Civil Aspects of International Child Abduction (hereinafter "the Convention").Rea...

Introduction 1996 was an especially bad year for the tobacco industry. Internal industry documents have now disclosed that cigarette companies knew decades ago that cigarettes were addictive and posed substantial health hazards. The public attitude surrounding smoking issues also appears to be changi...

Effective September 1, 2009, significant amendments and additions were made to the Court Rules that relate to or impact upon the practice of family law. This article highlights the new rules, provides commentary and alerts practitioners to how these changes will affect the practice of family law.I...

The New Jersey Supreme Court adopted changes to the Rules of Court to be effective September 1, 2007. Several major changes are with respect to the Rules governing the practice of Family Law. The following is a brief description of some of the changes which all divorce practitioners will need to know:...

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