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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.

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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.

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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.

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Can I Modify My Child Custody and Parenting Time Order After Divorce?

If your divorce involved children, the New Jersey Courts required you and your former spouse to resolve legal custody and parenting time issues. No matter how much thought went into your custody and parenting time plan, however, it is not unusual for parents to seek modification(s) after the divorce. A recent New Jersey Appellate Division case highlights the challenges that come with modifications of parenting time Orders.

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Can I Obtain a Restraining Order Against My Nanny?

A recent New Jersey case addressed a disturbing scenario for any parent.  In E.S. v. C.D., a nanny was fired for assaulting a child.  After being fired, the nanny began harassing the child’s parents. The parents sought a restraining order against the former nanny under the New Jersey Prevention of Domestic Violence Act (hereafter, the “PDVA”), even though the PDVA does not specifically include parent-nanny relationships.  Before the trial Court could even address the merits of the request, it had to determine for the first time whether the PDVA applied to solely economic relationships.

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Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Privacy Policy

This privacy policy applies to information collected online from users of this website. In this policy, you can learn what kind of information we collect, when and how we might use that information, how we protect the information, and the choices you have with respect to your personal information.

What personal information is collected through this website and how is it used?

We collect information about our users in three ways: directly from the user, from our Web server logs and through cookies. We use the information primarily to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. We don’t share any of the information you provide with others, unless we say so in this Privacy Policy, or when we believe in good faith that the law requires it.

CLICK HERE TO READ OUR FULL PRIVACY POLICY

If you have any additional questions or concerns about this privacy policy, please contact us via the phone number, contact form or mailing address listed on this website. If our information practices change in a significant way, we will post the policy changes here.

Effective September 14, 2015

 

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