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It is impermissible for the court to assume in advance, and in the absence of a factual context, that cohabitation would eliminate the former spouse’s need
3 May 2010, 2:06 pm by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a party puts her medical condition at issue, that party is not free to invoke the physician-patient privilege
3 May 2010, 1:58 pm by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [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
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When documents were not supported by a certification from the scrivener, but are simply attached to a legal brief, those documents are not properly part of the record
3 May 2010, 9:24 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If an issue as to the execution of a will arises in a contested probate action, the testimony of at least one of the attesting witnesses, if within the State, competent and able to testify, is required
3 May 2010, 9:21 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A will, including the attestation clause, is independent from a self-proving affidavit
3 May 2010, 9:17 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Justice Stevens, Particularist
30 Apr 2010, 6:56 am by Erin Miller
  In his dissent in the punitive damages case of Philip Morris v. [read post]
SCOTUSblog - http://www.scotusblog.com/
At a minimum, due process requires that a party in a judicial hearing receive notice defining the issues and an adequate opportunity to prepare and respond
29 Apr 2010, 1:58 pm by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parents have a fundamental liberty interest in the care, custody and management of their child
29 Apr 2010, 1:50 pm by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When children are natives of New Jersey, judicial approval is required to authorize their relocation to another state
29 Apr 2010, 9:39 am by PaulKostro
Law Lessons from PAUL MORGAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Million Clinical Multiaxial Inventory-III (MCMI-III) test
29 Apr 2010, 9:34 am by PaulKostro
Law Lessons from PAUL MORGAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An expert opinion may be corroborated, confirmed or bolstered by hearsay, but may not rely exclusively or primarily on it
29 Apr 2010, 9:31 am by PaulKostro
Law Lessons from PAUL MORGAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court requires a communication and visitation plan that is extensive enough to maintain and nurture the connection between the noncustodial parent and the children
29 Apr 2010, 9:27 am by PaulKostro
Law Lessons from PAUL MORGAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To constitute joint custody, each parent must exercise joint legal and physical custody over the child
29 Apr 2010, 9:23 am by PaulKostro
Law Lessons from PAUL MORGAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Alimony and support obligations may not be discharged in bankruptcy
29 Apr 2010, 9:16 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [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
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications for dismissal under Rule 4:6-2(e)
29 Apr 2010, 9:09 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As between two people in a dating relationship, there is no presumption that payments made by one to, or on behalf of, the other are gifts
29 Apr 2010, 9:04 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The requesting party must show a strong need for the production of another party’s tax returns
29 Apr 2010, 9:00 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues