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Living Together Before the Marriage

The length of the marriage, beginning with the date of the marriage,  is one of the key factors a court looks at when it decides the length of alimony  (in terms of years).  However, the period of...

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Assets Purchased By One Party During Cohabitation Prior to Marriage

Often during a divorce, assets purchased by one party during cohabitation prior to marriage are considered marital assets.  But this is not always the case.  Courts need to review the facts surrounding...

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Isn’t Cohabitation Hard to Prove?

Cohabitation with a paramour may be a basis for modifying or even terminating alimony.  So it stands to reason that the spouse receiving alimony may try to hide from the spouse paying alimony that s/he...

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The End of Palimony?

Palimony is financial support paid from one unmarried cohabitant to another. It was first recognized as a cause of action in New Jersey in 1979, when our  state Supreme Court decided the seminal case...

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Holiday Parenting Time: Tips to Survive the Holidays During a Divorce

By Valerie Jules McCarthy, Esq. vmccarthy@pashmanstein.com The holiday season brings a mixed bag of emotions.  Some people find it to be a time when they can slow down the normally hectic pace of...

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Cohabitation Facts To Consider – Part 1

By Valerie Jules McCarthy, Esq. vmccarthy@pashmanstein.com It is becoming more and more common for couples to cohabitate; that is, live together, in a relationship without the bond of marriage.  Many...

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Cohabitation Facts To Consider – Part 2

By Valerie Jules McCarthy, Esq. vmccarthy@pashmanstein.com Prior to the enactment of the alimony statute,  N.J.S.A. 2A:34-23(n), New Jersey Courts relied on the standards set by previous case precedent...

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DV in NJ: Re-thinking Permanency of Restraints and Examining Newer Causes of...

The New Jersey Prevention of Domestic Violence Act (PDVA) (N.J.S.A. 2C:25-17 et seq . ) provides two forms of relief to a victim of domestic violence: (1) civil relief, by obtaining a restraining...

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