Real Estate

Knowing Your Judge in a Family Law Case in Essex County, NJ

The Superior Court of New Jersey, Essex County Family Division is the busiest family law court in New Jersey. The diverse county of Essex includes wealthy areas such as Short Hills and Livingston and poorer areas in Irvington and Newark. The court is located at 212 Washington Street in Newark, New Jersey. While there are many different types of family law cases in family law court, this article will focus on the judges in the Marriage Division that handle divorces and post-divorce actions.

Judge Nancy Sivilli is one of the oldest divorce / family law judges in Essex County. Judge Sivilli was a civil court judge before being transferred to the family division where she handles a very heavy file. Judge Sivilli is a neutral judge who understands both sides of the story, as she is married with children. While it is not essential for a family law judge to have children, I believe that having children gives you a different perspective than someone who does not. Judge Sivilli delivers the speech at the early settlements panel to inform litigants of their opportunity to settle their issues before having a trial.

The next judge is the Honorable Judge Donald Kessler, who has also been with the Essex County Family Law Bank for a long time. Judge Kessler is strict with the rules of the court, but he is a very kind and patient person. He does not tolerate yelling or other rebellious behavior in his court. He allows people to present their arguments one at a time, as a court should be and not like the Maury Show that some judges allow. Judge Kessler is a family man who truly cares about the needs of the children in each case above anything else.

Judge Michael Casale is the next judge to focus on matrimonial cases and he is a judge who I believe understands the rules of equitable distribution more than most judges. In a recent case, it ruled that the party who invested prenuptial funds in the conjugal home should recoup that portion of the principal before dividing what may be left. While other judges rule that once they invest money together, the money gets “mixed up” and the division of the money is lost. This last argument does not make sense to me in a court of equity. I agree with the methods and theory of Judge Casale.

Whether you have a case before Judge Sivilli, Judge Casale or Judge Kessler, Judge Neil Jasey, Judge Russell, Judge Adobato, the divorce process in Essex can be very lengthy due to the “war between Trenton and Essex “and the lack of judges assigned to Essex, which has caused a delay in the family court trial. While there is a delay, the good news is that these judges are very wise and manage their schedules quite well.