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Articles Posted in Case Law

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New Jersey Appellate Court Clarifies Evidentiary Standards for Obtaining a Restraining Order

A recent ruling by the New Jersey Court of Appeals clarifies the standard of proof required in obtaining a Final Restraining Order (a/k/a  an “F.R.O.”). This ruling affirms a court’s authority to use discretion to weigh evidence in restraining order proceedings. If you are being harassed by a spouse, significant…

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When Your Child Custody Arrangements Change, Child Support Obligations May Change As Well

Changes in child custody orders can affect a parent’s financial obligations in a number of ways. In the recent New Jersey appellate case of Cowie v. Cowie, which was filed by our firm, a mother had already obtained sole custody of her children, and she made a motion to have the…

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Judges Have The Authority To Intervene In New Jersey Child Support Agreements

Child support negotiation involves a number of issues that can complicate the process. For example, some divorced parents want to waive or reduce a child support agreement as part of a larger divorce settlement deal negotiated between the parents. New Jersey judges can intervene by altering the child support amount…

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Court Fashions New Guidelines For Deciding Disputes Over A Child’s Preschool Choices in New Jersey

A recently published case establishes new rules for resolving preschool disputes between divorced parents. The court recognized that this particular issue had never been addressed before. An ordinary dispute between divorced parents can sometimes land you in an unexplored area of New Jersey law. It is important to hire a…

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ENTERING INTO CIVIL RESTRAINTS AS AN ALTERNATIVE TO TRIAL OF A TEMPORARY RESTRAINING ORDER IN NEW JERSEY

If a person feels that his or her life, safety, or health is at risk because of the acts or threats of another person, he or she may be able to obtain a temporary restraining order from a judge in New Jersey. The Prevention of Domestic Violence Act of 1991,…

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New Jersey Law Tries To Address Grandparent Visitation Disputes

When grandparents are denied an opportunity to visit their grandchildren, a conflict is bound to arise. On one hand, a parent has a right to decide how his or her child will be raised. On the other hand, removing a grandparent from a child’s life could potentially harm the child. In…

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Recent Case Shows Divorced Parents Are Not Always Responsible For Paying Their Child’s College Tuition

A recently published New Jersey case held that a divorced parent is not always liable for a child’s college education. This case involved complex facts, and a number of criteria were considered in addition to the parent/child relationship. Divorce cases can be complex, especially when there are children involved in…

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Judge Places Limits On Designated Power Of Attorney In Divorce Proceedings

New Jersey residents are allowed to designate a representative in legal matters. This arrangement, called a Designated Power of Attorney (POA), allows a trusted person to sign documents and negotiate legally binding agreements on your behalf. The right to a POA is expressed in the Revised Durable Power of Attorney…

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New Jersey Supreme Court Makes Important Ruling Regarding Oral Palimony Agreements

A 2010 change to New Jersey law made oral agreements for palimony unenforceable. But it was unclear whether this change would affect agreements that were already in place. A landmark case was recently decided by the New Jersey Supreme Court, declaring that older oral palimony agreements are still valid. If…

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