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Divorce and Modification of Alimony with Cohabitation - Postjudgment Motion Practice

Sep 18, 2015 @ 10:54 AM — by Michael Green

Motions for modification of alimony are generally subject to the terms of the Property or Matrimonial Settlement Agreement and the law in the State of New Jersey.  New Jersey passed a new statute regarding alimony and these laws will affect future filings regarding a modification of alimony.  Generally, if you are seeking to have alimony modified or terminated, in a case where there is cohabitation, you would first have to prove cohabitation.  Upon showing proofs that satisfy your prima facie case, the Court would generally order that discovery be done to show whether support is being received or given by the other party. Thereafter, a plenary hearing is generally ordered so that the Court will hear testimony from the parties and review the evidence to make a determination.  If you wish to go forward with a motion for modification of alimony, please call Green & Associates at 732-390-0480in our East Brunswick office or 201-242-1119 in our Fort Lee office for a free consultation.  Night appointments are available.

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