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Helping Families in Legal Matters for Over 30 Years

Case Summaries

PALIMONY SUIT

The long time live in girlfriend of a New York Knicks basketball star was represented by this office. The parties had lived together over ten years and had three children but had never married. There was a marital home but it was titled solely in the husband's name. Mr. Hartstein filed a palimony suit against the basketball star and was able to negotiate a significant settlement resulting in the client receiving a 50% share in the multi million dollar Upper Saddle River home.

ATTEMPTED MURDER

Mr. Hartstein was contacted by a Fort Lee businessman who was looking for a quick and inexpensive divorce from his much younger school second teacher Wife. The parties owned three apartments in Fort Lee, New Jersey. Shortly after his retention, Mr. Hartstein was advised that his client had just been arrested for attempted murder. The charge was that he had hired a hit man to kill his wife which of course would have resulted in him receiving all the marital assets. Under New Jersey law, one who attempts to kill their spouse is entitled to no equitable distribution. After a lengthy criminal trial in New York handled by another attorney, the client was sentenced to 25 years to life in prison where he died. Under the scant case law in New Jersey as previously mentioned, the spouse should have been entitled to 100% of the assets in the marriage. Mr. Hartstein was able to protract the situation until he was able to negotiate a successful settlement on behalf of the deceased client's estate which included his children by his prior marriage.

BRIDE BY MAIL

Mr. Hartstein was retained by a young Filipino nurse who was a mail order bride to an elderly Englewood Cliffs gentlemen. He had purchased her from her Uncle for $9,000.00. A courtship over the phone lasted about four to six months after which he paid for her to come to the United States. Unfortunately, there was a problem in consummating the marriage. The Wife sued for divorce but was disturbed to learn that her husband had little to no income and she as a registered nurse was capable of earning more as a nurse than what he was receiving from his retirement benefits. Therefore, she was exposed to having to pay her husband alimony. As an inducement for her to come to the United States, he had promised that she would receive a share of his pre-marital home. During the course of the divorce, Mr. Hartstein was able to negotiate a global settlement which included a large amount of cash for the wife's interest in the marital home and a waiver of alimony by the elderly husband notwithstanding that the wife earned substantially more than he did.

ALIMONY FOR THE HUSBAND

Mr. Hartstein represented a Essex County man who worked for his wife's family business which operated numerous national hamburger chain restaurants. In this Essex County divorce proceeding where the wife was represented by a prominent matrimonial attorney, Mr. Hartstein was able to negotiate a substantial cash settlement for the husband along with 7 years of alimony.

ALIMONY TO THE HUSBAND AFTER DEFAULT

In this Bergen County case, Mr. Hartstein represented a husband who after 22 years of marriage was sued by his wife for divorce and defaulted. After being notified of the divorce judgment which gave everything to the wife, the husband retained Mr. Hartstein who was able to convince the court to award the Husband $2,000.00 per month in permanent alimony because the Wife earned substantially more than he did. The wife's attorney had argued that the husband, by virtue of having failed to appear at the trial in the divorce action had waived his rights to alimony. Mr. Hartstein convinced the court that the Husband had much as entitlement to alimony under the circumstances as a woman would have had in the same circumstances.

HUDSON COUNTY PHYSICIAN

A Hudson County physician retained Mr. Hartstein to represent him in a divorce from his wife of 16years with whom he had five children. Although the Wife had gone into several business ventures in the past, she had never earned a dime. The divorce was commenced in Hudson County in the husband's single highest year earnings where he earned nearly $500,000.00. Mr. Hartstein was able to convince the Court and the early settlement panel that notwithstanding a 16 year marriage, this 39 year old wife and mother of five was not entitled to permanent alimony but rather a15 year limited term alimony. Further, he was able to convince the court and the early settlement panel that the Wife was capable of earning $40,000.00 per year and the Husband's income should be an average of the preceding five year and not the large last year's income.

WHAT'S IN A NAME

Mr. Hartstein represented a Paterson New Jersey man who has a long time live in girlfriend. They split up and a short time later he bumped into her and he noticed that she was "very pregnant". When he asked who the father is she said "don't worry, its not yours". She then began a live in relationship with a Passaic County prison guard. When the child was born, the client was advised by his grandmother that the child looked exactly like he did as a kid. He then learned that the mother had given the child the new live in boyfriend's last name. The paternity test then proved that Mr. Hartstein's client was in fact the biological father. Mr. Hartstein filed suit on behalf of the client to change the name and amend the birth certificate. He was successful in getting the court to change the child's name from the boyfriend's name to the mother's maiden name. This represented a change in the law inasmuch as historically the child always took his father's last name.

Located in Englewood, New Jersey the law office of Hartstein & Hartstein represent clients throughout northern New Jersey and New York, including Englewood Cliffs, Upper Saddle River, Passaic, Teaneck, Alpine, Wayne, Fort Lee, Westwood, Cresskill, Closter, Bergenfield, Waldwick, Demarest, Wyckoff, Tenafly, Ridgewood and all of Bergen County.

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Hartstein & Hartstein
Attorneys at Law
157 Engle Street
Englewood, NJ 07631
Phone: 201-399-4276
Fax: 201-567-7809
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Area We Serve:

Located in Englewood, New Jersey, Hartstein & Hartstein Attorneys at Law represents clients throughout New York and New Jersey, including Bergen County, Englewood Cliffs, Hackensack, Upper Saddle River, Passaic, Teaneck, Alpine, Wayne, Fort Lee, Westwood, Cresskill, Closter, Bergenfield, Waldwick, Demarest, Wyckoff, Tenafly, Ridgewood, Passaic County, Essex County and Morris County.

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