NJ Family Issues

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Archive for the ‘Divorce’ Category

*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,Child's Name,Divorce

Name-change disputes when the child was born in wedlock to parents who subsequently divorce

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January 26, 2012 at 2:49 pm

*All Posts,Alimony,Child-support,Imputed-income,Income Imputation

A trial court’s decision to impute income must be based on a realistic assessment of capacity to earn

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January 24, 2012 at 12:15 pm

*All Posts,Agreements,Divorce,Midnuptial Agreement,Premarital Agreement,Property-settlement-agreement,Separation Agreement,Settlement agreement

Any matrimonial agreement may be set aside when it is the product of fraud or overreaching by a party with power to take advantage of a confidential relationship or is unconscionable

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January 17, 2012 at 5:50 pm

*All Posts,Counsel Fees,Divorce

The Family court may award attorney fees in a matrimonial action, within its discretion, based on a number of factors, including: the financial circumstances of the parties, the ability of the parties to pay their own fees or contribute to the fees of the other party, the reasonableness of the positions advanced, the extent of the fees incurred by both parties, and the results obtained

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January 17, 2012 at 5:37 pm

*All Posts,Alimony,Divorce,Limited duration alimony

Limited duration alimony may not be used if permanent alimony would otherwise be available

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January 17, 2012 at 5:35 pm

*All Posts,Alimony,Divorce

Alimony is an economic right that arises out of the marital relationship and provides the dependent spouse with a level of support that approximates the standard of living that existed during the marriage

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January 17, 2012 at 5:30 pm

*All Posts,Alternative Dispute Resolution,Arbitration,Divorce

Our State’s strong public policy favors arbitration, an alternative means of dispute resolution, particularly in matrimonial matters

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January 8, 2012 at 2:42 pm

*All Posts,Alimony,Counsel Fees,Divorce,Equitable-distribution,Litigation

Bad faith can be established by the intentional misrepresentation of facts or law to avoid or unfairly limit equitable distribution or alimony

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January 8, 2012 at 2:37 pm