Monthly Archives: March 2008

Entry of Divorce Judgment: An Occasion To Celebrate?

There is a story on CNN about  "Divorce Celebrations" It makes perfect sense to mark the occasion of a divorce with an “event.”  Unquestionably, divorce, like marriage or death, is a life changing event. It is the legal recognition of the end of a marriage.  This major event  unceremoniously occurs with the stroke of a…
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Marital Funds Used To Pay Separate Debt Results in Claim to Recoup

The Appellate Division answered a common question- what happens when one spouse uses marital assets to pay a separate obligation. It is quite common for the parties to enter the marriage with existing  financial obligations, whether it be student loans, credit card debt or even an obligation to pay child support  or maintenance from a…
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Same Sex Marriage – A Humorous View

In the past weeks, I have commented on the two recent court decisions regarding same sex marriage and same sex divorce divorce. I just saw a funny television commercial for the Broadway show, November regarding these very issues. In ad, the President (Nathan Lane) is asked by his aide for his view on gay marriage.…
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Educational Degrees Are Marital Assets to Be Equitably Distributed

When thinking of marital assets to be distributed during a divorce, litigants prepare for battle over homes, pensions and investment accounts. Unschooled or poorly advised litigants may overlook valuable assets. For instance, what happens if one of the parties attends school or attains an educational degree during the marriage. The Appellate Division re-affirmed the well…
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Same-Sex Marriage, Divorce and Custody Issues

I am back from a much needed warm weather winter vacation with the family. Now, back to blogging. While I was away, Justice Laura Drager rendered an important decision in the case Beth R. v. Donna M. Following the decision in Martinez v. Monroe County, which I discussed here, Justice Drager ruled that a same-sex…
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