A defendant in a divorce action may assert the defense of insanity to the commission of acts of cruelty only if there is proof that at the time of such conduct, as a result of mental disease or defect, the defendant lacked sufficient capacity either 1) to appreciate the wrongfulness of his or her conduct; or 2) the volition to control his or her acts. [...]

A marriage contract can be voided for fraud only if the fraud itself affects the essentials of the marriage. Mr. Wolfe has established that he is a loyal practitioner of Catholicism and his religion prohibits marriage with a divorced person whose former spouse is still living. [...]

A mid-marriage agreement for divorce is valid if it is fair and equitable at the time of its enforcement. A prenuptial agreement is reached when the parties are not adversaries, when the relationship is at its closest, and when the parties are least likely to be cautious in dealing with each other. [...]

A beneficial interest in a matrimonial home, when the legal estate is solely vested in the other spouse, will only arise when the court is satisfied by the words of conduct of the parties that it was their common intention that the beneficial interest was not to belong solely to the spouse with title. For a party to have a claim to a beneficial interest in land, even a spouse, the party vested in the legal estate must hold it as a trustee on trust. [...]

In presenting a client with a settlement offer, an attorney has a duty to inform the client of possible options when the law relating to a relevant issue is unsettled. Lawyers must advise clients with respect to settlements with the same knowledge and diligence with which they pursue all other legal tasks. [...]

Undistributed income of a closely held corporation that is attributed to a minority shareholder for income tax purposes is also accountable for child support obligations. Any parent has the ability to rebut the presumptions of the schedule to ensure that the court arrives at a just or appropriate amount of child support. [...]

Faherty v. Faherty, 477 A.2d 1257 (N.J. 1984).
NATURE OF THE CASE: This case involved a legal dispute over an arbitration provision in a divorce settlement.
FACTS: Susan (W) and Roger (H) Faherty had four dependent children at the time of their divorce in 1977. Prior to the divorce they executed a property settlement agreement that was [...]

A party may be barred from equitable relief if they simply failed to investigate bald faced claims by a fiduciary. The parties have a duty to disclose the true nature of the facts because of the fiduciary relationship between husband and wife with respect to community property. [...]

A written contract may be modified by a subsequent oral agreement even if the parties have failed to employ the particular method of modification as specified in the contract. The testimony of the parties on the day of the entry of the divorce judgment clearly established that they intended the agreement to merge into the divorce agreement. [...]

A court may set aside a separation agreement that is unfair, unjust and unreasonable merely on account of a unilateral mistake by one of the parties, even if there was no overreaching, concealment of assets, or sharp dealing. However, in light of the totality of the economic circumstances and the actual result of the agreement in this case we believe that the end result was fair, just and reasonable.