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N.J.S.A. § 25:1-5 (h)

  • 1.  N.J.S.A. § 25:1-5 (h)

    Posted 06-17-2020 03:18 PM
    Hi,

    The above referenced statute, enacted in 2010, only permits palimony awards if there is a written agreement and the parties have independent counsel.

    Do you know any of the legislative history of this statute? If so, please email me through CommuniytNet or directly at [email protected].

    Any thoughts will be greatly appreciated.

    ------------------------------
    William Singer Esq.
    Singer & Fedun LLC
    (908)359-7873
    ------------------------------


  • 2.  RE: N.J.S.A. § 25:1-5 (h)

    Posted 06-17-2020 03:22 PM

    Bill,

     

    The legislation was in response to cases that went on for many years based on "he said/she said" or "Estate of He said/she said".  The Legislature decided to close off these equity claims unless, as you recite, the agreements were in a signed writing and the parties each were represented by legal counsel.

     

    I have heard chatter that the requirement of legal counsel was discriminatory, but I am not aware if any cases were filed that challenged that point.

     

    Hanan

     

    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    P: 609.683.7400  F: 609.921.8982
    E: [email protected]
    www.kingstonlawgroup.com

    IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney client privilege and/or work product doctrine. If you are not NJSBA_familylaw_f7435378-909b-49db-8168-f925bd55f17c@ConnectedCommunity.org, or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 921-8982 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.




    Original Message


  • 3.  RE: N.J.S.A. § 25:1-5 (h)

    Posted 06-17-2020 03:45 PM
    I'll know next week if I'll be filing an appeal based on that very point. There is no case law yet on the requirement of counsel.




    Original Message


  • 4.  RE: N.J.S.A. § 25:1-5 (h)

    Posted 06-17-2020 04:21 PM
    There was a recent trial court decision (approved for publication) from Monmouth County that addresses some of the legislative history for NJSA 25:1-5(h).  
    It's CN v. SR Docket No. FD-13-0928-19  Decided 1/17/20 and approved for publication 6/9/20.
    The case deals more with the issue of partition of property between a non-married couple that purchased a home together but in only one party's name. 
    That may give you a place to start. 

    Lisa M. Radell, Esq.
    207 South Main Street
    Cape May Court House, NJ 08210
    (609) 465-9910 (Tel)
    (609) 465-9920 (Fax)
     



    Original Message


  • 5.  RE: N.J.S.A. § 25:1-5 (h)

    Posted 09-10-2020 10:24 PM
      |   view attached

     

    This is one of the most complex matters I have ever litigated in the trial court followed by the NJ Appellate Division. 

     

    The trial court entered an FRO based solely on the Husband's anonymous publication by mail of his Counterclaim against the Wife to (A) three (3) people at her workplace,  (B) the wife of one of her paramours, and (3) her parents.  None of it involved communications to the Wife. 

     

    Yesterday, we won a reversal of the FRO on the issue of a constitutional right of free expression in the context of a Domestic Violence case, even when the free expression is unpopular (isn't that what the first amendment always protects?). 

     

    The matter has been remanded for further proceedings.

     

    What is satisfying about the win is the Appellate Judge who wrote the opinion (I am pretty sure I know who wrote it, even if the case is marked "Per Curiam") really delved into the issues, wrestled with them, and made sense of them in a way that I as an advocate for one party just could not do.  He took a 1,000 piece puzzle and organized it so it became much simpler to understand and process on remand.  

     

    It is the first time the Appellate Division has opined on an issue of "free expression" in the context of a Domestic Violence case.

     

    Hanan M. Isaacs

    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    P: 609.683.7400  F: 609.921.8982
    E: [email protected]
    www.kingstonlawgroup.com

    IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney client privilege and/or work product doctrine. If you are not NJSBA_familylaw_f7435378-909b-49db-8168-f925bd55f17c@ConnectedCommunity.org, or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 921-8982 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.




    Attachment(s)

    pdf
    App. Div. Opinion 2020.09.09.pdf   173 KB 1 version
    Original Message


  • 6.  RE: N.J.S.A. § 25:1-5 (h)

    Posted 09-11-2020 07:03 AM
    I assume unpublished from the per curiam?  Name of the case?

    Sent from my iPhone



    Original Message


  • 7.  RE: N.J.S.A. § 25:1-5 (h)

    Posted 09-11-2020 07:14 AM
    I will request publication, but that is a longshot.

    Full opinion was attached to my original post.

    It's a great roadmap for lawyers who handle DV cases involving esoteric defenses.

    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    P: 609.683.7400  F: 609.921.8982
    E: [email protected]
    www.kingstonlawgroup.com

    IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney client privilege and/or work product doctrine. If you are not njsba_familylaw_9f36fd04-13a2-4c50-9c94-6aebaee87c28@connectedcommunity.org, or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 921-8982 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.




    Original Message


  • 8.  RE: N.J.S.A. § 25:1-5 (h)

    Posted 09-11-2020 09:10 AM
    Congratulations on your appellate victory.  I'd love to see the appellate opinion.  
     
    Jose Silva, Jr.
    Attorney At Law, LLC
    700 E. Wood St.
    PO Box 9
    Vineland, NJ 08362
    856-692-7400; 
    856-692-7401 (Fax)

    This email/fax message is for the sole use of the intended recipient(s) and may contain confidential and privileged information.Any unauthorized review, use, disclosure or distribution of this mail/fax is prohibited. If you are not the intended recipient, please destroy all paper and electronic copies of the original message.This email/fax message is for the sole use of the intended recipient(s) and may contain confidential and privileged information.  Any unauthorized review, use, disclosure or distribution of this email/fax is prohibited. If you are not the intended recipient, please destroy all paper and electronic copies of the original message.
     



    Original Message


  • 9.  RE: N.J.S.A. § 25:1-5 (h)

    Posted 09-11-2020 09:21 AM
      |   view attached

    Thank you.  Here is the full opinion.

     

    HMI

    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    P: 609.683.7400  F: 609.921.8982
    E: [email protected]
    www.kingstonlawgroup.com

    IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney client privilege and/or work product doctrine. If you are not NJSBA_familylaw_62ff5482-bb9b-45a3-b9a4-496c9e3541b7@ConnectedCommunity.org, or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 921-8982 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.




    Attachment(s)

    pdf
    App. Div. Opinion 2020.09.09.pdf   173 KB 1 version
    Original Message


  • 10.  RE: N.J.S.A. § 25:1-5 (h)

    Posted 09-11-2020 09:29 AM

    First of all, E.H. vs. K.H.  has NOTHING to do with NJSA 25:1-5(h).  This was attached by Community Net, not me.

     

    Secondly, my upload of the Opinion has failed twice.  Maybe operator error.  I will write the powers to ask that it be fixed.

     

    Oy.

     

    Hanan

    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    P: 609.683.7400  F: 609.921.8982
    E: [email protected]
    www.kingstonlawgroup.com

    IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney client privilege and/or work product doctrine. If you are not NJSBA_familylaw_cb703624-1ca5-4d93-83cf-1a927f5661b5@ConnectedCommunity.org, or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 921-8982 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.




    Original Message


  • 11.  RE: N.J.S.A. § 25:1-5 (h)

    Posted 09-11-2020 09:37 AM
      |   view attached

     

    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    P: 609.683.7400  F: 609.921.8982
    E: [email protected]
    www.kingstonlawgroup.com

    IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney client privilege and/or work product doctrine. If you are not NJSBA_familylaw_62ff5482-bb9b-45a3-b9a4-496c9e3541b7@ConnectedCommunity.org, or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 921-8982 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.




    Attachment(s)

    pdf
    App. Div. Opinion 2020.09.09.pdf   173 KB 1 version
    Original Message