Borzillo v. Borzillo
In family law, we expect difficult emotions, competing narratives, and disagreements over facts. What we do not expect—or tolerate—is bad faith. Recently, during oral argument, I referenced a definition that has guided New Jersey courts and continues to shape how judges evaluate conduct in divorce and post-judgment matters.
As I explained:
“Now, bad faith is pretty clearly defined in Borzillo, which I’m happy to say was my case—I represented Mrs. Borzillo. Bad faith is defined as: ‘Not simply bad judgment or negligence, it implies the conscious doing of a wrong because of a dishonest purpose or moral obliquity. It’s been defined as an intent to mislead or deceive another or neglect, a refusal to fulfill some duty or contractual obligation not prompted by some honest mistake as to one’s rights or duties.’”
This definition is important because it draws a clear line between a mistake and misconduct.
Why This Distinction Matters
In family matters—whether involving support, custody, equitable distribution, or enforcement—courts understand that people make errors. Numbers get mixed up. Deadlines get overlooked. Life intervenes. But bad faith is different. Bad faith is a deliberate act that undermines the integrity of the process. It’s a knowing refusal to comply with obligations, an intentional effort to deceive, or a purposeful attempt to obstruct.
Courts take that very seriously, and they should.
Examples of What Bad Faith Isn’t
To understand the bar that must be met, it’s helpful to consider what does not rise to the level of bad faith:
- Misunderstanding a court order
- Overlooking a document unintentionally
- Believing—incorrectly—that you have more time to comply
- Providing incomplete information because you did not realize it was required
These may be problems, and they may have consequences, but they are not “moral obliquity” or intentional wrongdoing.
Examples of What Bad Faith Is
Bad faith arises when conduct demonstrates intent, dishonesty, or a deliberate refusal to meet obligations. For example:
- Hiding assets or income
- Refusing to follow a court order for strategic gain
- Withholding discovery to delay or pressure the other party
- Misrepresenting facts to the court
- Creating obstacles solely to increase litigation costs or exhaust the other side
When this behavior surfaces, courts have broad authority to impose consequences, including sanctions, fee shifting, or corrective orders.
The Role of Counsel in Preventing Bad Faith
Part of my job—and part of the responsibility of any ethical family law attorney—is to keep clients on the right side of this line. Even when emotions run high, even when the other side is difficult, the integrity of the process must remain intact.
Good advocacy doesn’t require gamesmanship.
Good advocacy requires clarity, honesty, preparation, and strategy—not deception.
Final Thoughts
Family law is inherently complex and emotionally charged. But the legal standards that govern it are built on principles of fairness, transparency, and good-faith participation. As the Borzillo definition makes clear, bad faith isn’t about mistakes—it’s about intent.
And when intent crosses into dishonesty, the law responds accordingly.
If you are confronting conduct in your matter that feels dishonest, obstructive, or strategically abusive—or if you’ve been accused of acting in bad faith—these are not issues to navigate lightly. They require seasoned judgment and a steady hand.
With more than four decades in this field, I can tell you this: the earlier these issues are addressed, the more effectively they can be corrected or contained. If you need clarity on how bad faith may be impacting your case, my door is open.
Robert Adinolfi is one of New Jersey’s most respected family law practitioners, bringing more than four decades of experience to the full spectrum of divorce and custody matters. A founding partner of Adinolfi, Roberto & Burick, he is known for his strategic insight, unwavering integrity, and ability to resolve even the most complex cases with clarity and compassion. Robert’s work has shaped New Jersey family law for generations, including cases like Borzillo v. Borzillo — and continues to guide clients toward solutions that protect what matters most.
For more on when one spouse may have to pay the other’s legal fees, see Counsel Fees in Family Law. Learn more about how our attorneys hand Divorce and Separation in New Jersey.
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