Blog: Divorce
- Can you arbitrate a Get?
Apr 10, 2024
There are very few cases, published or unpublished, in New Jersey that deal with religious marriages. An often-asked question or issue is whether a court can order a Husband to give a Wife a “Get” as a part of the civil divorce proceeding. A get is a document that completes a In the case of S.I. v. M.I., an unpublished decision from the Appellate Division on March 22, 2024. The parties entered into an...Read More - Retroactive Alimony Modifications May Only be Available if You are Not A Jerk
Mar 20, 2024
Alimony is modifiable as of the date of the change in circumstances leading to the modification (or termination). Or is it? In most cases, the presumptive retroactive date will be the date of filing. However, you can seek an earlier date if you provide sufficient evidence of a change in circumstances. This is critical when filing a motion for modifying or terminating your In the recent unpublished case of Corzo v. Corzo, Docket A-1169-22,...Read More - How Many Ways Can the Trial Court Make a Mistake in One Case?
Mar 6, 2024
In the recent unpublished case of K.P. v. N.G., Docket A-1425-22, March 14, 2024, the trial court didn’t just make one mistake it made many. This is a classic case of a judge over-delegating its role as the finder of facts and decision-maker in a case to a court appointed expert. The problem is that the court seems to have pre-determined the outcome and simply disregarded the opinion of one expert in favor of the...Read More - Closing the Black Hole of Carr: A Divorce Settlement Agreement Survives Death
Mar 4, 2024
In the recent decision of Roik v. Roik, ___ N.J. Super. (App.Div.2024), the appeals court reversed the trial court when it failed to enforce a MSA signed by the parties before the death of the husband and before the entry of the final judgment. The Roiks were married for 46 years when the plaintiff filed for divorce. They had three emancipated children and various assets that required equitable distribution. The parties executed a Matrimonial Settlement...Read More - Leave to Amend Complaints must be Granted Liberally, Even in Divorces
Feb 19, 2024
In the case of Sadeeshkumar v. Venugopal, ___ N.J. Super. (App.Div.2024), the trial court denied the defendant the ability to amend his answer to the complaint for divorce. The appellate court reversed. The parties had been married for over 30 years when the plaintiff filed for divorce in 2022. There was pending business litigation between the defendant and another party (Muragan). The Plaintiff-Wife had intervened in that case. Plaintiff’s Complaint was filed in May 2022...Read More - Can My Internet Search History Impact My Divorce in NJ?
Feb 15, 2024
In today's digital age, our online activities leave a trail of data that can sometimes come back to haunt us, especially during legal battles such as divorce proceedings. For individuals going through a NJ’s Approach to Digital Evidence in Divorce Cases The Foundation of Evidence Admissibility In New Jersey, the rules governing the admissibility of evidence in divorce cases are detailed in both statutory law and case law, with a particular emphasis on the...Read More - My Spouse Asked for a Divorce and I Don’t Want One - What Do I Do Now?
Jan 15, 2024
Facing the prospect of Understanding Your Emotions and the Legal Reality The emotional impact of a spouse asking for a divorce cannot be understated. Feelings of confusion, betrayal, sadness, or even relief are common. It’s important to acknowledge and address these emotions, as they are a significant part of the process. However, alongside these emotions, it's crucial to stay informed about the legal aspects of divorce. Informed decision-making is key in navigating the path...Read More - Financial Aspects of Divorce: The Impact on Retirement Funds
Nov 14, 2023
Divorce is not only an emotional upheaval, but it also brings a myriad of financial implications. One of the most substantial aspects of this is the impact on retirement funds. As you navigate the complexities of a divorce, understanding how it affects your retirement assets is critical. In this blog post, we’ll delve into this topic and provide insights into strategies for safeguarding your financial future. At Labletta & Walters LLC, we are committed to...Read More - Social Media and Divorce: How Your Online Behavior Can Impact Your Case in New Jersey
Sep 22, 2023
In today’s digitally interconnected society, the role of social media is inescapable. Platforms like Facebook, Instagram, Twitter, and LinkedIn have become integral parts of our personal and professional lives. However, when you’re going through a The Double-Edged Sword of Social Media Social media can be a double-edged sword. On one hand, it offers a supportive community and keeps you connected with friends and family, which is particularly valuable during the emotionally turbulent times of...Read More - Unique Considerations in High-Asset Divorce Cases in New Jersey: A Comprehensive Guide
Aug 25, 2023
Divorce cases The Intricacies of Complex Property Division in New Jersey In New Jersey, the principle of Types of Assets Commonly Encountered in High-Asset Divorces Real Estate Investments Retirement Funds Offshore Accounts Understanding and managing different types of assets can be complex. It involves knowing how to value them and being familiar with the legal options for fair distribution. The Complicated Nature of Spousal Support and Alimony in High-Asset Cases Alimony and spousal support...Read More