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Articles Posted in Case Law

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What to do with a house bought by an unmarried couple when the relationship ends. Monmouth County New Jersey Family Court judge grapples with palimony and partition claims, and gets it right!

Mark Goldstein, Esq. and the four other highly experienced family law attorneys at Goldstein Law Group appear regularly before the family court judges in Monmouth County, New Jersey, Middlesex County, and Ocean County.   We see the good and the bad!  Some good decisions by our judges, some not so good…

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Men Plead Guilty in New Jersey Federal Court to Crossing State Lines to Violently Extort Jewish Husband to Agree to “Get” (a Jewish Divorce) to Effectuate Divorce

Divorce cases and other family law disputes are usually handled through the civil court system. Occasionally, however, an issue arises that projects an issue from the divorce courts into the criminal court system. Typically, these cases center around issues such as custodial interference, violation of a protection order, and so…

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Is a Parent’s Agreement to Support Grown Children Enforceable?

At its essence, a marriage or civil union is essentially a contract. The term “contract” is defined under the law as an agreement between two (or more) parties that creates a legal obligation to do (or refrain from doing) a certain thing. Several elements must be present in order for a valid contract…

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New Jersey Supreme Court Rules Open Durational Alimony Awards Must be Based on Statutory Factors

Will my spouse be entitled to permanent alimony if we divorce after 15 years of marriage? Since September 2014, the term “permanent alimony” became a thing of the past.  Now, in New Jersey, it has been  replaced with the phrase “open durational alimony.”  Currently, a family court must first determine…

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Restricting a Child’s Access to a Parent’s New Partner Following a New Jersey Divorce

New Jersey’s Family Court Recognizes the Changing Times in Which We Live- Judge Rules that a Permanent Restriction on an Ex-Spouse’s Paramour Staying over His or Her House When the Child is Residing at the Home May NOT be Enforceable. Can my ex-husband allow his new girlfriend to spend the…

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Establishing a ‘Change of Circumstances’ in New Jersey for Modifying Custody in a Multi-National Situation

A mother’s extreme difficulty in obtaining international travel documents to allow her children to visit their father at his home in Brazil did not warrant changing the parents’ custody arrangement from joint to sole custody, according to a recent Appellate Division ruling. While the family’s travel complexities were a new…

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Husband’s Reduced Salary Due to Attempt to Save Failing Business Allowed Alimony Modification by New Jersey Family Court Judge

An Appellate Division case from last year (June 2014) offers some clarity regarding when an alimony payor spouse’s financial setbacks are involuntary as opposed to voluntary or permanent as opposed to temporary. In this particular case, the husband whose reduced salary for more than three years was the result of his efforts…

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New Jersey Wife’s Improved Income Still Not Enough to Warrant Termination of Alimony

A husband’s attempt to bring an end to his alimony payments did yield a reduced obligation, but not the complete cessation he sought. It also came at a price after the Appellate Division upheld not only the continuation of alimony but also a trial court award requiring the husband to…

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Ex-Husband’s Payments Maintaining House Constituted a ‘Form of Spousal Support’

Sometimes, a divorcing couple completes their property settlement agreement anticipating one future, only to have a different one unfold after they finalize their divorce. A couple encountering such a situation ultimately required a trial court and the Appellate Division to resolve their alimony dispute. The court decided that nothing in…

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New Jersey Verdict Protects Whistleblowers in Suspected Abuse Cases

A three-judge panel recently held that certain whistleblowers are eligible for protection under New Jersey law. This ruling affects the rights of people who report the suspected abuse of vulnerable family members. If you believe a family member is being mistreated, talk to an experienced New Jersey family law attorney.…

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