This recent descision mentioned inn the New Jersey Law Journal highlights the importance of hiring an attorney who was the experience and forsight needed to draft a settlement agreement that adequatley protects you if problems arise in the future. This case also stands as a warning, in my mind, against the growing trend of “DIY Divorce”. Sometimes it’s worth the initial costs of getting your divorce done right.
FAMILY LAW – SPOUSAL SUPPORT – ATTORNEY FEES
20-2-7178 Palmer v. Ceruzzi, App. Div. (per curiam) (17 pp.) Plaintiff appeals from the post-judgment Family Part order denying her motion to enforce part of the parties’ alimony agreement incorporated into the Dual Final Judgment of Divorce (JOD), and awarding counsel fees to defendant. The trial court determined that defendant did not breach the alimony agreement. The court also determined that plaintiff breached a provision in the alimony agreement that required the parties to attempt to resolve certain alimony disputes through negotiation before filing an application with the court. Based upon plaintiff’s violation of that provision of the alimony agreement, the court awarded counsel fees to defendant. The appellate panel concludes that the trial court correctly determined both that plaintiff failed to prove defendant breached the alimony agreement, and that plaintiff breached the provision requiring her to attempt to resolve disputes over alimony through negotiation before seeking judicial intervention. However, the parties’ agreement included no provision for the payment of counsel fees by a prevailing litigant, and the trial court cited no other authority for awarding fees to defendant. Accordingly, the panel affirms that part of the Family Part order denying plaintiff’s motion to enforce the alimony agreement, but reverses that part of the order awarding counsel fees to defendant.
