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It is not a rule that in every case where a couple cohabits before marriage, all assets acquired during cohabitation must be treated as marital assets
7 Apr 2010, 8:51 am by PaulKostro
VERNOSE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appeals can only be taken from judgments and orders, not opinions
16 Jun 2010, 10:27 am by PaulKostro
ROGERS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A pro se attorney litigant is not entitled to a fee award
15 Oct 2010, 1:45 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The mutual mistake doctrine applies when a mistake was mutual in that both parties were laboring under the same misapprehension as to a particular, essential fact
28 Sep 2009, 9:47 am
FOSTER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
BHC Prizes to Con Díaz and Canaday
21 Mar 2024, 9:30 pm by ernst
”  This year’s recipient is Gerardo Con Díaz, Yale University, for Patent Law and the Materiality of Inventions in the California Oil Industry: The Story of Halliburton v. [read post]
Legal History Blog - http://legalhistoryblog.blogspot.com/
The filing of a bankruptcy petition stays adjudication of equitable distribution in a divorce proceeding if the property to be distributed is the property of the bankruptcy estate
14 Oct 2010, 12:58 pm by PaulKostro
Clark v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court may impute income to a party who is underemployed based on potential employment and earning capacity, using the parent’s work history, occupational qualifications and educational background
17 Jan 2012, 1:33 pm by PaulKostro
NEWMAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party who has been deprived of the exercise of his or her free will by way of moral compulsion or psychological pressure cannot provide the consent necessary to enter into a valid contract
21 Mar 2012, 7:30 am by PaulKostro
” Dolce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The “law of the case” doctrine, wich discourages relitigation of un-reversed decisions made during the trial, is not applicable when the earlier decision was either ambiguous or uncertain
18 Dec 2009, 9:22 am by PaulKostro
Group, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
25 Feb 2010, 8:58 am by PaulKostro
” Pacifico v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Distinguishing between the ordinary disputes, disagreements, and irritations common in a domestic relationship, and those actions that cross the line into domestic violence
19 Nov 2011, 7:40 am by PaulKostro
J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When an appellant’s notice of appeal only designates an order denying reconsideration, appellant is not entitled to review of the earlier order
2 Nov 2010, 10:33 am by PaulKostro
Compagna v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The crime of terroristic threats requires a showing of three essential elements: (1) that the defendant in fact threatened the plaintiff; (2) that the defendant’s intent was to threaten the plaintiff; and (3) that a reasonable person, under an objective s
26 Feb 2010, 8:02 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Modification of a support obligation is not warranted if the change in circumstances is only temporary or is expected but has not yet occurred
4 Mar 2010, 10:20 am by PaulKostro
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Commission of one of the predicate acts of domestic violence does not, on its own, automatically warrant the issuance of a domestic violence restraining order
4 Apr 2011, 2:57 pm by PaulKostro
Law Lessons from S.P. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the context of custody and parenting issues, notwithstanding a settlement agreement that addresses those issues, disputes may trigger the need for a family judge, acting as parens patriae, to prevent harm and protect the best interests of children
25 Feb 2011, 3:07 pm by PaulKostro
Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Anticipatory repudiation
12 Jul 2012, 12:50 pm by PaulKostro
” Cipala v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In removal cases, where the custodial parent seeks to relocate the child, the court considers the interests of the parents and the child
22 Jul 2010, 8:51 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a Domestic Violence matter, in compelling circumstances, where a party’s ability to adequately present evidence during a domestic violence action may be significantly impaired, a trial judge may, in the exercise of sound discretion, permit limited disc
23 Aug 2010, 1:02 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As a general rule, the Hague Convention provides that a wrongfully removed or retained child must be returned to the home state in the U.S.
22 Feb 2011, 7:48 am by PaulKostro
GOLDMAN v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues