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September 2014 Archives

Palimony Agreements

Today, the New Jersey Supreme Court of New Jersey issued a decision holding that the 2010 Amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h) does not render oral palimony agreements that predate it unenforceable because the Legislature did not intend the Amendment to apply retroactively.  This important decision gives new life to parties who have entered into oral palimony agreements prior to 2010. 

New Jersey man wants divorce case dismissed on a technicality

A Somerset County resident is arguing that he cannot get divorced from his wife due to a technicality. According to court records, the couple got married nine days before a marriage license was issued to them in December 1993. The man is citing prior court rulings that declared ceremonial marriages to be void. State law says that a marriage license needs to be obtained before a wedding ceremony takes place. The claim was filed in May 2014, but was only made public recently.

Alimony and spousal support in New Jersey

New Jersey utilizes a system of diverse criteria when determining the necessity for spousal support in divorce cases. The court considers each request for alimony or spousal maintenance on a case-by-case basis, awarding support based on a number of important factors.

Prenuptial agreement questioned in high-asset divorce

New Jersey residents interested in high-asset divorce may know that the wife of a billionaire hedge fund founder asked an Illinois court on Sept. 2 to void the prenuptial agreement that she approved in 2003. In her filing, she said that she signed it under duress. Reports say that her husband filed divorce papers in July, surprising his wife as she was leaving on vacation. In her filing, the woman said that while she was away, he removed art and furniture from their home.

Grandparents' visitation rights in New Jersey

The law in New Jersey recognizes that it is often in a child's best interest to have interaction between other family members, such as grandparents, even when the child's parents do not agree. All states have statutes and guidelines regarding the rights of grandparents and other family members to gain visitation with a child. Visitation rights for grandparents are very similar to visitation rights that would be granted to any parent. It allows the grandparent to spend a designated amount of time with the child without changing custody.

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