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A property settlement agreement may be reformed if the negotiations leading up to the property settlement agreement suffered from unconscionability, fraud, overreaching, or because of “a common mistake, or mistake of one party accompanied by concealment o
28 Apr 2010, 5:29 pm by PaulKostro
Div. 2007); Dworkin v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To prove a cause of action for either tortious interference with a prospective contractual relationship or for tortious interference with an existing contract, a plaintiff must prove that the interference was inflicted intentionally and without justificat
6 Dec 2010, 9:40 am by PaulKostro
See also Russo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The award of spousal support is broadly discretionary
26 May 2010, 9:50 am by PaulKostro
[Steneken v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is inappropriate, when restraints are civilly required, for a Family Part judge to rely on restraints issued in a parallel criminal proceeding
23 Jul 2010, 9:38 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Prevention of Domestic Violence Act specifically authorizes a judge to award reasonable attorney’s fees
27 Jan 2010, 9:32 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Relevant evidence may be excluded if its probative value is substantially outweighed by the risk of undue prejudice
11 May 2011, 9:31 am by PaulKostro
COMES v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The test for measuring the existence of a confidential relationship is whether the relations between the parties are of such a character of trust and confidence as to render it reasonably certain that the one party occupied a dominant position over the ot
23 Aug 2010, 2:47 pm by PaulKostro
See also Pascale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Counsel fees are viewed as support and not dischargeable in bankruptcy
14 Sep 2009, 10:45 am
Pelusio v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Laches is the failure to assert a right within a reasonable time resulting in prejudice to the opposing side
22 Jul 2010, 8:45 am by PaulKostro
Sears Mortgage Corp. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In compelling circumstances a trial judge maypermit limited discovery in a DV action
19 Jun 2009, 1:27 pm
Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Possessing a financial interest in the outcome of the litigation is ordinarily sufficient to confer standing
23 Jul 2010, 9:24 am by PaulKostro
VAN HORN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney affidavits or certifications that are not based on personal knowledge constitute objectionable hearsay
21 Apr 2010, 9:32 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Is an indigent DV defendant entitled to the appointment of counsel?
19 Jun 2009, 1:32 pm
Law Lessons from Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Short term unemployment does not ordinarily warrant a finding of a permanent reduction of income
18 Oct 2010, 12:09 pm by PaulKostro
MARMO V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The adverse inference charge, also known as the Clawans charge, is available when a party does not call to the stand a witness that the party has the power to produce and whose testimony would be superior to testimony presented at trial
3 May 2010, 1:56 pm by PaulKostro
KERRIDGE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The elements of a legal malpractice claim
29 Apr 2010, 9:12 am by PaulKostro
’” Jerista v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Supervised visitation is an extreme measure
1 Feb 2010, 8:39 am by PaulKostro
WALDEN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Prevention of Domestic Violence Act is constitutional
18 Feb 2010, 8:58 am by PaulKostro
Vivian Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is improper to base a finding of domestic violence upon acts or a course of conduct not even mentioned in the complaint
25 May 2010, 8:25 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An allowance for fees is to be included in the judgment or order stating the determination and not provided as a separate order
7 Feb 2012, 2:18 pm by PaulKostro
Law Lessons from MARGARET DUCEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues