The New Jersey Supreme Court has granted certification to Cardali v. Cardali, a family law case co-counseled by DeTommaso Law Group, LLC, which seeks guidance on the quantum of evidence required to make a prima facie showing of cohabitation.
Cardali v. Cardali, a family law case co-counseled by Attorney-Partner Taryn R. Zimmerman of DeTommaso Law Group, LLC, and her co-counsel Matheu D. Nunn, has been granted certification by the New Jersey Supreme Court. Arguments were held on April 25, 2023 before the New Jersey Supreme Court. Having filed detailed legal briefs, attorneys on both sides of the case argued on matters related to the evidential requirements of cohabitation in alimony considerations.
In Cardali v. Cardali, former husband, Mr. Cardali, is seeking to terminate or modify the order that required him to pay regular alimony to his former wife. He and his legal team were able to convincingly show that his ex-wife had been in a committed relationship for at least eight years, which included evidence of shared vacations, family functions, many overnight stays, and access to each other’s homes when the other was not present. The trial court – and later the Appellate Division – argued that the initial evidence showed that she was in a longstanding relationship, but not that it was a relationship that provided financial support to her, so the application was denied.
Mr. Cardali and his legal team pushed for Cardali v. Cardali to be heard before the New Jersey Supreme Court. The Supreme Court also granted amicus applications by the New Jersey State Bar Association and the American Academy of Matrimonial Lawyers, further signifying the importance for guidance on cohabitation matters. Mr. Cardali’s argument sought clarification on what evidence is necessary to make a prima facie burden of cohabitation.
If the New Jersey Supreme Court agrees with the argument presented by Attorneys Zimmerman and Nunn, it could change how cohabitation matters are handled going forward. New Jersey attorneys as well as statewide and nationwide legal organizations are paying close attention to Cardali v. Cardali.
Interested parties can learn more about Attorney Taryn Zimmerman and DeTommaso Law Group, LLC by visiting https://www.detommasolawgroup.com/.