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Once a conflict of interest is determined to exist, the appropriate remedy is disqualification of the attorney
20 Jul 2009, 5:11 am
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Limited duration alimony is not intended to facilitate the earning capacity of a dependent spouse or to make a sacrificing spouse whole, but rather to address those circumstances where an economic need for alimony is established, but the marriage was of
9 Nov 2009, 6:28 am
See Cox v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the basis for a motion to vacate a judgment is premised upon a claim of fraud, the party objecting to the judgment must establish the fraud by clear and convincing evidence, demonstrating that “a material misrepresentation was made with intent that
15 Jul 2010, 10:05 am by PaulKostro
Shaw v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The speech punished by the harassment statute must be uttered with the specific intention of harassing the listener
20 Aug 2011, 9:22 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Alimony modifications are not intended to allow a dependent spouse to share in the post-divorce good fortune of the supporting spouse
27 Oct 2009, 11:20 am
Cesare v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have not provided otherwise by agreement, alimony may be modified based on changed circumstances resulting from cohabitation only if one cohabitant supports or subsidizes the other under circumstances sufficient to entitle the supporting
4 Feb 2010, 8:45 am by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The failure of the movant to establish a prima facie case that circumstances subsequent to a divorce judgment have adversely affected the welfare of the children precludes requiring a plenary hearing
11 Feb 2010, 9:38 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Court’s review of an arbitration award is exceedingly deferential, and the award will be upheld if it is rationally inferable from the letter or purpose of the underlying agreement
15 Jul 2009, 8:57 am
Laser Vision, P.A. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Harassment does not automatically warrant the issuance of an FRO because the Act mandates that acts claimed by a plaintiff to be domestic violence must be evaluated in light of the previous history of violence between the parties including previous threat
24 Dec 2009, 6:29 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Courts faced with spoliation claims should strive to impose a remedy that will serve the ends of justice by creating a level playing field, by ensuring that the consequence of the lost evidence falls on the spoliator rather than on an innocent party, and
3 Aug 2010, 1:42 pm by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The existence of a partnership
20 Oct 2010, 11:32 am by PaulKostro
NADEL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for summary judgment — should it be granted?
11 Aug 2009, 9:28 am
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorneys are obligated to exercise that degree of reasonable knowledge and skill that lawyers of ordinary ability and skill possess and exercise
24 Feb 2010, 12:44 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court is obliged to look to the extent of actual economic dependency, not one’s status as a wife in making its alimony decision
27 Nov 2011, 3:36 pm by PaulKostro
Cox v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Rule 4:58-2 is applicable to arbitration proceedings
4 Oct 2010, 12:14 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Errors of law or fact made by the arbitrator are not correctable by a reviewing court
4 Oct 2010, 12:19 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One spouse may bring against the other a cause of action for intentional infliction of emotional distress
3 May 2010, 2:22 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Child support in high income cases
28 Oct 2010, 9:59 am by PaulKostro
Caplan v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Delay is one factor that weighs against entry of an order compelling a contribution to post-secondary education; but, it is not a bright line rule permitting automatic denial whenever a request is filed after educational expense has been incurred
18 Nov 2009, 10:22 am
[Gac v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The preliminary question in any case in which a parent seeks to relocate with a child is whether it is a removal case or whether by virtue of the arrangement between the parties, it is actually a motion for a change in custody
5 Nov 2010, 7:48 am by PaulKostro
Baures v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues