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Articles Posted in Jurisdiction

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PALIMONY AGREEMENTS: TO ATTORNEY OR NOT TO ATTORNEY?- THAT IS THE QUESTION

Palimony Agreements. As our societal norms changed, it became more common place for couples to live together without the benefit of marriage. However, in most jurisdictions, New Jersey included, the laws and statutes favored marriage. Hence, when a relationship ended, the law only recognized the financial rights and obligations-i.e. spousal…

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Getting A Hearing When Your Spouse Cohabits Just Got Easier

In a previous blog, I promised that the Appellant Division was going to revisit the proof required to be presented before one could obtain discovery of a dependent former spouse’s social and financial circumstances; as of today June 17th, 2021, the case has been decided although not yet approved for…

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BUT IT’S THE LAW!

This happens with regularity. A new and sometimes even an existing client will tell me about a divorce case involving a friend, relative, or acquaintance that had issues “similar” to theirs’s, and that the judge, in that case, had decided those issues this way or that. They expressed a belief…

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Who’s The Boss of Your Divorce?

The care and feeding of the lawyer you hire is an important aspect of divorce husbandry. Too often I hear a litigant complain that their lawyer made a deal or a concession without consultation of the client. Some divorce lawyers take a paternalistic role in the responsibilities of their client,…

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OPEN DURATION CHILD SUPPORT

In 2014, the New Jersey divorce statute, NJSA 2A: 34-23 as it pertains to the issue of spousal support or alimony was substantially modified. One such modification dealt with the vexing question of what the duration or term of the obligation to pay alimony should be. While a prior amendment…

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Mid-Marriage Agreements Examined by Appellant Court

I recently argued a case via Zoom in the appellate division that could have far-reaching implications in this new pandemic world. The issue dealt with an agreement that resolved marital rights in divorce entered into while the parties were happily married. We know that prior to getting married, engaged couples…

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New Jersey Family Court Addresses Jurisdiction Dispute in Post-Judgment Custody and Parenting Time Dispute

Earlier this month, a March, 2017 written opinion by family court judge the Honorable Russell J. Passomano, J.S.C. was approved for publication in the matter of BG-v-LH (FM-07-468-13).   In this published opinion the court addressed issues of jurisdiction in a custody and parenting time dispute where one party had relocated with…

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New Jersey Examines Use of Social Media to Acquire Personal Jurisdiction Over Out of State Defendant

This week the Honorable Stephen Hansbury, P.J. Ch. published a Superior Court opinion that demonstrates how technology and social media is changing the legal landscape and creating new challenges and solutions.   In the published opinion in KA v. JL, in which Judge Hansbury addressed a cause of action that…

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War of the Roses: A Look at Rock Star’s Claim That He Was Never Married to His Spouse of 15 Years

I was recently perusing a periodical and came across a story about a celebrity musician who was claiming he was never married to his wife of 15 years because of a known snafu in her earlier divorce paperwork. The headline stated “Slash claims he was never married to wife of 15 years”.…

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New Jersey Supreme Court Addresses Limited Role of Family Court in Immigration Matters

The Presidential election is about a month away, and one of the major issues of this election has been immigration.   Immigration is regulated under federal law, chiefly under the Immigration and OLYMPUS DIGITAL CAMERA Nationality Act (INA), enacted by the U.S. Congress in 1952, and the Immigration Reform and Control…

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