NJ Family Issues

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Archive for the ‘*All Posts’ Category

*All Posts,Domestic-violence

Who is a household member

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February 2, 2012 at 11:46 am

*All Posts,Agreements,Contracts,Divorce,Litigation,Property-settlement-agreement,Settlement agreement

Prejudgment interest in contract actions are assessed on a discretionary basis as the result of the application of equitable principles

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February 2, 2012 at 11:43 am

*All Posts,Dissipation of marital assets,Divorce,Equitable-distribution

Public policy concerns require divorcing spouses to deal fairly with each other

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February 2, 2012 at 11:40 am

*All Posts,Counsel Fees

Calculating an award of attorneys’ fees pursuant to state statutory fee-shifting provisions begins with determining the lodestar; the lodestar is derived by multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate

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January 31, 2012 at 7:15 pm

*All Posts,Domestic-violence

The court must make a discretionary determination based on the predicate act of domestic violence, any prior history of domestic violence, and any other relevant circumstances, as to “whether a domestic violence restraining order is necessary to protect plaintiff from immediate danger or further acts of domestic violence

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January 30, 2012 at 4:08 pm

*All Posts,Agreements,Alternative Dispute Resolution,Arbitration,Mediation,Property-settlement-agreement,Settlement agreement

The court accords particular leniency to agreements made in the domestic arena, and likewise allows judges greater discretion when interpreting such agreements

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January 30, 2012 at 4:05 pm

*All Posts,Domestic-violence,Harassment

A trial court must exercise care in distinguishing between ordinary disputes and irritations common in a domestic relationship and those actions that cross the line into domestic violence

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January 30, 2012 at 4:02 pm

*All Posts,Evidence,Litigation,Marital privilege,Privilege

Absent a valid excuse, a person who does not comply with a subpoena to testify may be held in contempt — the exercise of a valid testimonial privilege constitutes an adequate excuse

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January 30, 2012 at 3:58 pm

*All Posts,Counsel Fees

Are your hourly rates reasonable?

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January 26, 2012 at 5:48 pm

*All Posts,Child-support,Child-support-modification

The enforcement, collection, modification and extinguishment of unpaid arrearages in child support payments are matters addressed to the sound discretion of the court

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January 26, 2012 at 2:54 pm