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  • Retroactive Alimony Modifications May Only be Available if You are Not A Jerk
    Alimony is modifiable as of the date of the change in circumstances leading to the modification (or termination). Or is it? In most cases, the presumptive retroactive date will be the date of filing. However, you can seek an earlier date if you provide sufficient evidence of a change in circumstances. This is critical when filing a motion for modifying or terminating your In the recent unpublished case of Corzo v. Corzo, Docket A-1169-22,...
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  • How Many Ways Can the Trial Court Make a Mistake in One Case?
    In the recent unpublished case of K.P. v. N.G., Docket A-1425-22, March 14, 2024, the trial court didn’t just make one mistake it made many. This is a classic case of a judge over-delegating its role as the finder of facts and decision-maker in a case to a court appointed expert. The problem is that the court seems to have pre-determined the outcome and simply disregarded the opinion of one expert in favor of the...
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  • Closing the Black Hole of Carr: A Divorce Settlement Agreement Survives Death
    In the recent decision of Roik v. Roik, ___ N.J. Super. (App.Div.2024), the appeals court reversed the trial court when it failed to enforce a MSA signed by the parties before the death of the husband and before the entry of the final judgment. The Roiks were married for 46 years when the plaintiff filed for divorce. They had three emancipated children and various assets that required equitable distribution. The parties executed a Matrimonial Settlement...
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  • Are false allegations of child abuse domestic violence?
    In E.W. v. W.M-H., 476 N.J.Super.433 (Ch.Div.2023) plaintiff filed a civil suit against the defendant to recover money owed to her. The parties had a brief (one month) relationship, during which the plaintiff apparently gave the defendant tens of thousands of dollars. In apparent retaliation for the suit, the defendant contacted D.C.P.&P. and alleged that the plaintiff was using marijuana around her minor child. The plaintiff testified that the defendant had told her that he...
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  • Leave to Amend Complaints must be Granted Liberally, Even in Divorces
    In the case of Sadeeshkumar v. Venugopal, ___ N.J. Super. (App.Div.2024), the trial court denied the defendant the ability to amend his answer to the complaint for divorce. The appellate court reversed. The parties had been married for over 30 years when the plaintiff filed for divorce in 2022. There was pending business litigation between the defendant and another party (Muragan). The Plaintiff-Wife had intervened in that case. Plaintiff’s Complaint was filed in May 2022...
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  • Can My Internet Search History Impact My Divorce in NJ?
    In today's digital age, our online activities leave a trail of data that can sometimes come back to haunt us, especially during legal battles such as divorce proceedings. For individuals going through a NJ’s Approach to Digital Evidence in Divorce Cases The Foundation of Evidence Admissibility In New Jersey, the rules governing the admissibility of evidence in divorce cases are detailed in both statutory law and case law, with a particular emphasis on the...
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  • My Spouse Asked for a Divorce and I Don’t Want One - What Do I Do Now?
    Facing the prospect of Understanding Your Emotions and the Legal Reality The emotional impact of a spouse asking for a divorce cannot be understated. Feelings of confusion, betrayal, sadness, or even relief are common. It’s important to acknowledge and address these emotions, as they are a significant part of the process. However, alongside these emotions, it's crucial to stay informed about the legal aspects of divorce. Informed decision-making is key in navigating the path...
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  • How DUI Affects Your Employment in New Jersey
    Understanding Impact of DUI Beyond the Legal System Driving under the influence (DUI) is a serious offense with far-reaching consequences, often extending beyond the confines of the legal system. Among the various aspects of life that DUI can disrupt, employment stands out as a significant concern. If you find yourself facing a At Labletta & Walters LLC, we understand the complexities of DUI cases and their potential consequences for your professional life. If...
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  • Financial Aspects of Divorce: The Impact on Retirement Funds
    Divorce is not only an emotional upheaval, but it also brings a myriad of financial implications. One of the most substantial aspects of this is the impact on retirement funds. As you navigate the complexities of a divorce, understanding how it affects your retirement assets is critical. In this blog post, we’ll delve into this topic and provide insights into strategies for safeguarding your financial future. At Labletta & Walters LLC, we are committed to...
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  • Protecting Your Livelihood: The High Stakes of DUI Charges for Commercial Drivers
    For commercial drivers, maintaining an impeccable driving record is not just about personal pride – it's about livelihood. When a Elevated Standards: Blood Alcohol Limits for Commercial Drivers Commercial Driver’s License (CDL) holders are held to higher standards than regular drivers. This includes stricter blood alcohol content (BAC) limits. In most jurisdictions: For regular drivers, the BAC limit is typically 0.08%. For CDL holders, it's usually slashed in half to 0.04%. Severe Penalties for...
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