Author: Hagan, Klein & Weisberg, LLC
Phyllis S. Klein recently featured in Chatham Living Magazine
Earlier this month, Donahue, Hagan, Klein & Weisberg, LLC partner Phyllis S. Klein, Esq. was featured as the cover story in the November Issue of Chatham Living along with her family! Learn more about how they were able to stay a close knit and productive family, even after a divorce. Read the complete article here.
Debra S. Weisberg, Esq. and Stephanie Frangos Hagan, Esq. will serve as moderators at the annual Morris County Bar Association Legalpalooza seminar.
On Friday October 18th, Donahue, Hagan, Klein & Weisberg, LLC partners Debra S. Weisberg, Esq. and Stephanie Frangos Hagan, Esq. will serve as moderators at the annual Morris County Bar Association Legalpalooza seminar. As moderators, Ms. Weisberg and Ms. Frangos Hagan will lead discussions between members of the Morris County bench and bar on the […]
The Challenge of Proving Cohabitation
Marital settlement agreements often provide that a party can suspend, modify or terminate the obligation to pay alimony if the recipient spouse “cohabits” with another person. Currently, cohabitation under New Jersey law is defined as “… a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household.” The reality under New Jersey law is that proving cohabitation can be difficult as noted in the recent New Jersey appellate case of Landau v. Landau.
Can My Spouse Be Ordered To Pay My Counsel Fees?
New Jersey law allows the award of attorneys’ fees in divorce and other family actions in certain circumstances. Courts looks at several factors including the parties’ behavior in terms of the positions they take in litigation. Acting in bad faith in pursuing or defending an action can have a significant influence on a court’s decision to award attorneys’ fees in favor of one party and against the other party.
Proving Harassment Under New Jersey Domestic Violence Law
Although New Jersey’s Prevention of Domestic Violence Act (PDVA) specifically allows for restraining orders in the event of harassment, proving that harassment has taken place is one of the most challenging aspects of a domestic violence trial. It is difficult as New Jersey law requires proof that the aggressor actually intended to harass the party seeking protection.
