Easing the Standard for a Prima Face Case in Cohabitation Cases: A Closer Look at New Case Law Cardali v. Cardali

In a continued trend to make the prima facie showing of cohabitation easier, the New Jersey Supreme Court held in its recent August 2023 decision in Cardali v. Cardali that the moving party does not need to present evidence on all of the cohabitation factors set forth in Konzelman v Konzelman 158 N.J. 185 (1999) in order to be granted limited discovery. This includes not requiring the moving party to show intertwined finances. This is in keeping with the trend in cohabitation law set by the 2021 decision in Temple v Temple.

Cardali v. Cardali  : A Glimpse into the Case

In Cardali, the moving party John Cardali, a divorced man paying alimony to his ex-wife, Maria Cardali, petitioned the court to terminate his alimony payments on the grounds that Ms. Cardali is cohabitating with her new partner, Mark Anderson.

In Cardali, while the moving party showed indicia of cohabitation, he was unable to show evidence of any financial relationship between Ms. Cardali and Mr. Anderson. The Supreme Court noted at the outset that they did not view either the case law or the statute to “… require evidence of a financial relationship between the spouse or civil union partner receiving alimony and the other person as a prerequisite to discovery; as  a practical matter, such a showing may be impossible without discovery” (Emphasis added). This is a development of the holding in Temple that was not specifically addressed.

The Supreme Court ruled that as a policy, “…the mandate that a movant present a prima facie showing in order to obtain discovery is not intended to impose a high bar.” (Emphasis added). In fact, the Court reiterated the definition of prima facia as “evidence that, if unrebutted, would sustain a judgment in the proponent’s favor.” In fact, the Supreme Court in Cardali, noted as in prior cases, that the ability to show all facts, particularly intertwined finances, is not necessary, and in most cases, not possible. The Court held:

Indeed, any such requirement would impose an unfair burden on a movant at the preliminary stage. Absent discovery, a movant is unlikely to have access to the financial records and other documents relevant to Konzelman’s financial factors — “intertwined finances such as joint bank accounts” and “sharing living expenses” — or their statutory counterparts, N.J.S.A. 2A:34-23(n)(1) and (n)(2).

 Once a prima facie case is made and discovery is ordered, it is not meant to be a open ended fishing expedition. Rather, the Court held that:

In fashioning its discovery order, the trial court should take appropriate steps to safeguard the privacy of the spouse or civil union partner receiving alimony and the individual with whom that person is alleged to be cohabiting. Those steps may include, but are not limited to limited to, constraints on the discovery to be provided to the movant and protective orders limiting access to the information subject to discovery.

 The Court then noted that after this limited discovery, the procedure would be for the parties to submit supplemental certifications and if material facts remain in dispute, a plenary hearing should be conducted.

For help with your cohabitation case or your family law or divorce issues contact Georgia Fraser, Esq. at Fraser Family Law Office, LLC. 609-223-2099.

Four Relationship Patterns That Predict Divorce

Marriage can be a beautiful and fulfilling relationship, but one that can be fraught with lots of challenges. When a couple continually experiences negativity and conflict within their marriage it can take a toll on the relationship . How can we know whether that pattern of conflict will result in divorce?  

Psychologist Dr. John Gottman is a world-renowned psychologist and researcher who has spent more than four decades studying relationships and marriage. He is the co-founder of The Gottman Institute, which is dedicated to helping couples improve their relationships and reduce the divorce rate.Through extensive research Dr. Gottman identified four negative communication patterns that he calls the Four Horsemen of the Apocalypse, which can predict divorce with 93% accuracy. The Four Horsemen are:

CRITICISM: The first Horseman is Criticism. Criticism is different from offering constructive feedback; it involves attacking your partner's personality or character. For example, saying "You always forget to take out the trash. You're so lazy!" Instead, you could say "I noticed the trash hasn't been taken out. Can we discuss how we can improve our routine?" Criticism is destructive because it puts your partner on the defensive, leading to more arguments.

DEFENSIVENESS: The second Horseman is Defensiveness. When you feel attacked or criticized, your natural reaction might be to defend yourself. However, this can escalate the argument because it sends the message that you don't take responsibility for your actions. Instead, try to understand your partner's perspective and validate their feelings. For example, if your partner says, "You never listen to me," you could say "I'm sorry you feel that way. Let's talk about how we can improve our communication."

CONTEMPT: The third Horseman is Contempt. Contempt is the most destructive Horseman because it involves attacking your partner's sense of self-worth. Examples of contempt include eye-rolling, name-calling, and sarcasm. Contempt is a clear sign of disrespect and can cause irreparable damage to a relationship. Instead, focus on communicating with respect and empathy. Remember to always treat your partner with kindness.

STONEWALLING: The fourth Horseman is Stonewalling. Stonewalling occurs when one partner shuts down or withdraws from the conversation, refusing to engage. This behavior sends the message that you're not interested in resolving the issue, which can leave your partner feeling frustrated and unheard. Instead, take a break if you need to, but come back to the conversation when you're ready. Let your partner know that you're willing to work on the issue together.

The Four Horsemen are dangerous communication patterns that can predict the end of a relationship. To avoid them, it's important to practice healthy communication habits, such as active listening, validating your partner's feelings, and speaking respectfully. Dr. Gottman’s book The Love Prescription is an excellent resource for working on changing these negative patterns. However, if these patterns have continued for a long time and you have tried everything to improve your relationship without any improvement, it may be time to consider divorce.

If the Four Horsemen are present in your marriage and you need to educate yourself about the divorce process, please contact Georgia Fraser, Esq. at 609-223-2099 to set up a consultation.

US1: Fraser Family Law Office LLC: Sensitive and Caring Representation

When matrimonial issues arise, the world seems to come apart at the seams. Friends act oddly and the stress on the family is intense. At a time like this, the last thing needed is the feeling that you are alone and that you are just one more case to a big corporate law firm.

For this reason, Attorney Georgia Fraser opened her solo practice in 300 Carnegie Center on Route 1. “Having practiced in New Jersey for nearly 20 years, I have experienced the inflexibility and remoteness of large firms. Clients often come to me because they feel cut off from the lawyer they thought they hired. They only see an associate or paralegal and often realize that when they do get to court, the partner is only marginally aware of the details of their case.”

“I firmly believe that divorce, custody and parenting time, and other relationship issues can be resolved efficiently and effectively with sensitivity and caring representation. Each case is unique and the service an attorney needs to provide must be highly personalized. Decisions cannot be made based on how much of the retainer remains,” Fraser states. “I am invested in my clients for the long term.”

“My extensive experience has given me insight into the real-life workings of the court system and taught me the pitfalls that lurk for the hasty. I want my clients to have the plain, unvarnished truth about the likelihood of success. Litigation is expensive; there’s no two ways about it. Mediation and well-planned settlements save anguish and family resources. Lives do not need to implode. Sound strategy works.”

Fraser’s practice covers a wide range of cases; primarily concentrating on divorce, custody and parenting time, post-judgment, and domestic violence cases. “Additional heartache can arise when, years after a divorce, situations change: children go to college, one of the parties retires, or one party refuses to comply. You want your lawyer to be there for you long after a judgment is entered.”

Fraser was counsel on one of the leading palimony cases in New Jersey. A certified mediator, she is also collaboratively trained and committed to helping achieve the best settlements possible. Experienced in cases addressing complex custody and parenting time issues, such as interstate and international custody disputes, she has been successful under The Hague Convention in obtaining the return of children abducted to international locations or wrongfully retained in the United States.

“I pride myself on being as much of a coach as an advocate for my clients. The psychology of divorce, with all its attendant hot buttons, leads many to waste their lives and money just on blind principle. My job is to take my client down this rocky road as securely as possible. Family law must focus on family.”

Georgia Fraser, Esq., Fraser Family Law Office, LLC, 300 Carnegie Center, Suite 150, Princeton. gfraser@fraserfamilylawoffice.com. 609-223-2099.

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