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Richard A. DeMichele, Jr. is a seasoned litigator, devoting a substantial part of his practice to family law and personal injury matters.

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Oral Palimony Agreements that Predate N.J.S.A. 25:15 (h) Can be Enforceable

“… the absence of any clear indication of legislative intent as to the prospective any or retroactivity, the general rule was that the statute should be applied prospectively.”In reading these two recent palimony cases there seems to be a divergence of the court. This diversion could lead to a Supreme Court decision regarding the applicability of N.J.S.A. 25:15 (h) to oral agreements that pre-dated the statute. A key factual difference between the Cavalli case and the Harrison case was that Mrs. Harrison’s complaint for palimony was filed before N.J.S.A. 25:15 (h) was enacted and Ms. Cavalli’s complaint was filed after N.J.S.A. 25:15 (h) was enacted. The Harrison decision was seemingly silent on that fact as it was not the stated basis for affirming the palimony award. Our firm has experienced palimony lawyers. If you have a question regarding palimony or any other type of support contact the family law lawyers at DeMichele & DeMichele. Call today to schedule your confidential consultation (856) 546-1350.
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Richard A. DeMichele, Jr. is a seasoned litigator, devoting a substantial part of his practice to family law and personal injury matters.

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