Cardali v.  Cardali, 255 N.J. 85 (New Jersey Supreme Court 2023)

By |2023-11-08T09:11:23-05:00November 8th, 2023|Divorce and Family Law Cases|

Appellate Division Docket No.: A-001624 Suzanne Cardali, the party bringing the legal action, and Michael Cardali, the party against whom the action is brought, entered into a legal agreement regarding the division of their property, commonly referred to as a Property Settlement Agreement (PSA). This agreement became part of their official divorce judgment in [...]

Brian Paul & NJSBA Advise on Equitable Defenses For Palimony Agreements

By |2021-09-29T07:52:48-05:00September 28th, 2021|Divorce and Family Law Cases, Family Law|

Co-Managing Partner Brian Paul recently served as lead author on an amicus curiae brief the New Jersey State Bar Association (NJSBA) filed with the New Jersey Supreme Court regarding a 2010 amendment to the New Jersey Statute of Frauds, which requires that palimony agreements be in writing and entered with the advice of counsel [...]

NJ Supreme Court Rules Parents Can Use Binding, Non-Appealable Arbitration to Resolve Custody and Parenting Time Issues (Brian G. Paul).

By |2020-02-03T21:48:58-05:00January 6th, 2020|Divorce and Family Law Cases, Family Law, Verdicts and Settlements|

In a precedent setting decision, Fawzy v. Fawzy, 199 N.J. 456 (2009), Brian Paul successfully convinced the New Jersey Supreme Court that parents in New Jersey should be permitted to utilize binding, non-appealable arbitration, with a decision maker of their choice, as a means of resolving custody and parenting time disputes. Arbitration is a process where litigants choose a [...]

New Jersey Supreme Court Agrees Father’s Request to Relocate to Florida with Parties’ 8 Year Old Daughter Should Be Denied as Inimical to the Child’s Best Interests.

By |2020-08-31T12:52:05-05:00January 5th, 2020|Divorce and Family Law Cases, Family Law, Verdicts and Settlements|

Levine v. Bacon In Levine v. Bacon, 152 N.J. 436 (1998), the firm successfully argued before the New Jersey Supreme Court that a custodial father’s attempt to relocate from New Jersey to Florida with his minor child would be contrary to the best interest of the child, inasmuch as the move would substantially interfere with [...]

Appellate Court Rules NJ Cannot Require Payment of College Expenses Not Required Under Original PA Child Support Order

By |2020-08-31T12:51:23-05:00January 4th, 2020|Divorce and Family Law Cases, Family Law, Verdicts and Settlements|

Brian G. Paul won a reversal in the Appellate Division on a precedent-setting interstate child support case. Under Pennsylvania law, a child becomes emancipated on the latter of their 18th birthday or their graduation from high school, meaning there is no obligation for parents to contribute to college expenses. In contrast, New Jersey courts have [...]

10 Year Marriage Warrants Permanent Alimony (Barry D. Szaferman)

By |2020-08-31T12:50:23-05:00January 3rd, 2020|Divorce and Family Law Cases, Family Law, Verdicts and Settlements|

Hughes v. Hughes In the landmark case of Hughes v. Hughes, 311 N.J.Super. 15 (App. Div. 1998), the firm changed the standard for setting alimony in the State of New Jersey when it successfully argued before the Appellate Division that a marriage of 10 years is not a short term marriage under today’s standards, [...]

Permanent Alimony Award in 12 Year Marriage Reversed (Brian G. Paul).

By |2020-08-31T12:49:22-05:00January 2nd, 2020|Divorce and Family Law Cases, Family Law, Verdicts and Settlements|

Weaver v. Weaver In Weaver v. Weaver, Brian G. Paul successfully convinced the Appellate Division that in an intermediate length marriage, such as the 10 year marriage in Hughes v. Hughes and the 12 year marriage in Weaver, the Trial Court must be required to analyze what actually occurred to both spouses during their marriage in order [...]

Appellate Division Affirms Award of Limited Duration Term Alimony Rather than Permanent Alimony to Disabled Wife Despite 12 Years of Marriage (Brian G. Paul).

By |2020-08-31T12:43:54-05:00January 1st, 2020|Divorce and Family Law Cases, Family Law, Verdicts and Settlements|

Jackson v. Jackson Brian G. Paul recently convinced the Appellate Division to affirm a trial court judge’s decision that rejected a permanently disabled wife’s request for permanent alimony after twelve years of marriage. In Jackson v. Jackson, the wife, who suffers from mental illness, was receiving social security disability benefits before the parties married. She [...]

Denial of Alimony Award Reversed (Brian G. Paul)

By |2020-08-31T10:38:01-05:00December 31st, 2019|Divorce and Family Law Cases, Family Law, Verdicts and Settlements|

Morse v. Morse Brian G. Paul recently reversed a Trial Court’s denial of a multi-millionaire Wife’s request for alimony. The parties in this case were married for nearly 26 years in which the wife served in the traditional role of homemaker and primary caretaker to the parties’ three (3) children, while Defendant concentrated his marital [...]

Appellate Division Affirms Termination of Alimony Based Upon Cohabitation Without the Need for a Plenary Hearing (Brian G. Paul).

By |2020-08-31T10:37:21-05:00December 30th, 2019|Divorce and Family Law Cases, Family Law, Verdicts and Settlements|

Normally, when a paying spouse provides evidence demonstrating that their former spouse may be cohabiting in a marriage- like relationship, the Trial Court schedules a trial in order to determine whether there is in fact cohabitation; and, if so, whether the economic benefit from the cohabitation eliminates or reduces the former spouse’s need for [...]

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