Appellate Division of the Superior Court of New Jersey
652 A.2d 219 (N.J. Super. Ct. App. Div. 1995)
Mr. Massar (defendant) and Mrs. Massar (plaintiff) were married. Their marriage began to deteriorate, and they discussed divorce. They signed an agreement under which Mr. Massar agreed to move out of the marital home, and in exchange, Mrs. Massar agreed not to seek divorce on fault-based grounds. A New Jersey law required an 18-month separation before spouses could seek a no-fault divorce. The Massars’ agreement thus prohibited Mrs. Massar from seeking divorce on a ground other than an 18-month separation. However, approximately five months after the Massars signed the agreement, Mrs. Massar filed a petition for divorce based on extreme cruelty. The divorce petition did not allege any conduct on the part of Mr. Massar that was not occurring before the Massars signed the agreement. The trial court upheld the agreement and dismissed the petition for divorce. Mrs. Massar appealed, arguing that the agreement should be unenforceable on public policy grounds.
Rule of Law
Holding and Reasoning (Cuff, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.