Category Archives: Durst Firm News

The Role of Special Needs Trusts in Divorce cases

It is well settled that in a divorce, both parents have an obligation to support a child until he or she becomes emancipated.  The case summarized below the NJ Supreme Court was presented with a fact pattern that included an … Continue reading

Posted in Durst Firm News | Tagged , , | Comments Off on The Role of Special Needs Trusts in Divorce cases

Plenary hearing required to resolve factual disputes

As one might imaging, it is not unexpected that divorcing spouses can hold very different views on the underlying facts and circumstances surrounding their case.  This is especially true when the differing views can alter the outcome and tip the … Continue reading

Posted in Durst Firm News | Tagged , , , | Comments Off on Plenary hearing required to resolve factual disputes

Cross Examination by defaulting party allowed at divorce hearing.

If you want a divorce in NJ it is not necessary for the other party to sign the divorce papers, agree with the decision to obtain a divorce or even participate in the proceedings.  There are situations when one party … Continue reading

Posted in Durst Firm News | Tagged , , , | Comments Off on Cross Examination by defaulting party allowed at divorce hearing.

No obligation to produce income verification in child support case 2 years afte divorce

In a recent post I wrote about an ex-husband who was ordered to provide his tax returns to his ex-wife on an ongoing basis for so long as he had an alimony obligation and alimony arrearages existed.  Based on the … Continue reading

Posted in Durst Firm News | Tagged , , , | Comments Off on No obligation to produce income verification in child support case 2 years afte divorce

Continuing duty to exchange tax returns after NJ Divorce

In a recent unpublished opinion the Appellate Division required a litigant paying alimony to provide tax returns to his former spouse for so long as alimony arrearages existed.  After a history of failing to abide by agreements to pay alimony, … Continue reading

Posted in Durst Firm News | Tagged , , , , | Comments Off on Continuing duty to exchange tax returns after NJ Divorce