The court remanded the case, stating that the wife was entitled to a plenary hearing given the nature of the PSA and the circumstances under which it was signed.
(PRWEB) November 16, 2016
New Jersey - The team at the Law Offices of Jeffrey W. Goldblatt is pleased to announce a legal victory in a client’s divorce and property settlement agreement case. Attorney Jeffrey W. Goldblatt represented the wife in the case, and demonstrated that the circumstances under which the property settlement agreement (PSA) was signed were unfair for his client, both in terms of her legal entitlements and her personal mental state at the time.
According to court documents for case 20-2-1258, which was heard in the New Jersey Superior Court’s Appellate Division, the Judgment of Divorce and PSA were vacated, and the case will return to a lower court where proper legal proceedings can be enacted.
Details on the Divorce and Property Settlement Case
According to court documents, after 10 years of marriage, the couple in the case divorced and signed a PSA. The husband’s attorney prepared the PSA and the wife signed the PSA without being represented by an attorney of her own. The PSA stipulated that the wife waive alimony and equitable distribution for a lump sum payment of $250,000. What's more, the PSA stipulated that the husband would be the primary custodian of the couple's two children.
The wife contended in court documents that during the divorce and when signing the PSA, she was undergoing treatment for depression and drug addiction. Given her mental state and her lack of adequate legal representation at the time, the wife claimed that she did not understand the PSA and acted out of mistake, fraud, or duress.
One of the keys to the wife's claim concerned her husband's income in the years leading up to divorce, according to court documents. In the three years prior to divorce, the husband earned a substantial income. Had the wife been aware of this, she would not have knowingly waived her right to alimony or equal distribution.
The wife sought the help of Mr. Goldblatt to vacate the PSA. The wife was the defendant in case 20-2-1258 and the husband was the plaintiff.
How the New Jersey Appellate Court Ruled
The New Jersey Appellate Court agreed to vacate the PSA. The court remanded the case, stating that the wife was entitled to a plenary hearing given the nature of the PSA and the circumstances under which it was signed.
This victory means that Mr. Goldblatt's client will now be able to receive the fair legal treatment that she was not afforded during the initial divorce proceedings.
About Jeffrey W. Goldblatt
Jeffrey W. Goldblatt has more than 30 years of experience representing clients throughout the state of New Jersey in family law and criminal defense cases. He has represented clients in Middlesex, Monmouth, Ocean, Mercer, Somerset, Union, Hudson, and Bergen counties.
Mr. Goldblatt is a graduate of Rutgers University and Hofstra University School of Law. He has served as Public Defender and Prosecutor in Marlboro Township. He is a member of the American Bar Association, the New Jersey State Bar Association, the Middlesex County Bar Association, the Monmouth County Bar Association, and the National Organization of Social Security Claimants Representatives.
Contact the Law Offices of Jeffrey W. Goldblatt
For more information about legal matters pertaining to divorce, separation, child custody, property disputes, and related issues, contact the Law Offices of Jeffrey W. Goldblatt. The East Brunswick and Freehold office locations can be reached directly using the information below.
East Brunswick Office
4 Auer Court
East Brunswick, NJ 08816
45 Court Street
Freehold, NJ 07728
Originally posted by The Law Offices of Jeffrey W. Goldblatt Esq.