At the time of their New Jersey divorce in 2005, the parties failed to agree on the dependency tax exemption benefits allocable to their 3 children. As a result, they have continued to litigate over this issue over the last 7 years.Zera v. Krushinski, New Jersey App. Div., May 30, 2012
This New Jersey divorce agreement was not in writing. Instead, it was "placed on the record." How much of the ensuing dispute could have been avoided with a signed contract?Mualem v. Mualem, New Jersey App. Div., May 15, 2012
Did these divorced New Jersey parents verbally agree regarding the payment of private school expenses for their unemancipated children? Because there was no written agreement, the New Jersey divorce judge was required to conduct a trial. Stone v. Stone, Jr., New Jersey App. Div., May 9, 2012
The ex-husband was entitled to a hearing on his contention that the parties' agreement was procured through coercion and duress on the part of the ex-wife, who was herself an attorney and represented by counsel, whereas he was unrepresented and made various claims regarding his mental incompetency. C.L.H. v. C.B., New Jersey App. Div., February 17, 2012
The doctrine of contra proferentum might apply in this case, after a full review of the circumstances under which the New Jersey divorce agreement was negotiated, with particular emphasis on whether unequal bargaining power existed.Maoz v. Maoz, New Jersey App. Div., February 15, 2012
If there are sufficient proofs evidencing possible coercion due to mental instability, a New Jersey matrimonial litigant is entitled to a hearing as to whether an agreement was reached voluntarily or under duress.Welch v. Welch, January 15, 2012
Mel Gibson and Oksana Grigorieva just settled their case. Long story short: she gets $750,000 [payable in installments over 3 years] and a house to live in until their daughter Lucia is 18. That's a far cry from the $15-million settlement she walked away from last year, claiming duress. Plus, she wanted supervised visitation, whereas he will now get more unsupervised parenting time.Gibson v. Grigorieva, September 5, 2011