As an attorney who has exclusively practiced divorce law throughout my entire career, I have sadly observed lawyers who do not practice divorce law exclusively write poorly written Property Settlement Agreements. Ambiguous language could lead to a trial even after you haven been divorced, in order to determine the exactly what the parties agreed to. It is essential, especially if you have children, assets and liabilities together, to hire a law firm in New Jersey that only handles divorce cases. The following New Jersey Supreme Court case illustrates this reality.
In Pacifico v. Pacifico, the Supreme Court of New Jersey reviewed a decision of New Jersey Appellate Division that affirmed an order of the Family Part that held that the property settlement agreement signed by Ginger and James Paul Pacifico was ambiguous as to the value of the marital house at the point in time Ginger, the ex-wife, chose to exercise her right to buy out her ex-husband’s interest in the property. The Supreme Court of New Jersey reversed the judgment and sent the issue back to the Family Part to evaluate the evidence under the standards set forth by the Supreme Court. Furthermore, the Family Part judge was directed not to apply the doctrine of contra proferentem, which states that any inferences should be drawn in the favor of non-drafting party in an or agreement.
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