Blog | Kantrowitz, Goldhamer & Graifman, P.C

3 Things You Need To Know About Premarital Agreements

Misconceptions swirl around what premarital agreements, often referred to as “prenups,” are – and what they lead to. Partly, that is because they are often the subject of media stories about celebrities. (Justin Bieber is only the most recent – and that was because he was one of the few mega-celebrities not to have one.) It may also be partly because, if prenups do make media headlines, it is generally because a couple is getting divorced. A Prudent Plan But premarital agreements are in fact a prudent way to set forth what a couple has agreed upon regarding their assets. Marriage assets in today’s world are not the relatively simple affairs they were 50 years ago. Both partners may have worked and made considerable assets prior to the marriage, which didn’t use to be the case. Spouses may have children or other dependents from previous unions. Commingling of assets in…
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What You Need To Know About Towing Reimbursement from Insurance

Rockland County & Bergen County divorce lawyer Paul Goldhamer, Esq. is a co-founding partner at Kantrowitz, Goldhamer & Graifman. When not practicing family law in NY & NJ, Mr. Goldhamer maintains a busy schedule with supporting charities, giving lectures, and appearing on radio & TV. Paul was named a “Super Lawyer” by Superlawyers.com in 2014. From Paul Goldhamer, Esq.: If you have a towing benefit from your credit card company, it usually is limited to a 10 mile tow. If you are off road by more than 10 feet (not from skidding) most credit card companies will not cover any portion of the tow. If you call for a tow truck, most tows are covered by your automobile insurance policy. If a tow company uses their winch to pull you out, the charge will be higher. The reimbursement from your insurance company will also be higher as a result of the fact that…
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Can You Sue Your Spouse for Personal Injury?

Can spouses sue each other for personal injury? After all, one spouse may do things that are unsafe to the other, either intentionally or unwittingly. At one point in history, spouses were not legally allowed to sue each other for personal injury, due to a general principle called “interspousal immunity.” Why? Well, in the nineteenth and early twentieth centuries, a married couple was legally considered one entity. A wife was not legally separate from a husband. Interspousal immunity essentially meant that one part of a legal entity could not sue another part. In addition, courts felt that spouses suing each other destroyed the harmony of a family. What Constitutes “Personal Injury”? Personal injury, under the law, is an injury to someone caused by another party’s negligence. To be negligent, the party must have had a duty of care (a responsibility to make something safe), to have known that something was…
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Holiday Shopping Slip and Fall: Can I Sue?

For many people, shopping at the local mall or at a craft gathering is one of the highlights of the holiday season. Bells ring. Holiday music plays. Everything is festive. It’s a chance to think about how to delight your family and loved ones. Slip and Fall Dangers Increase During the Holiday Season Unfortunately, it’s also a chance to slip and fall. While people can slip and fall at any time, winter weather is particularly conducive to it. Floors become wet and slippery because people are tracking in rain, snow, and ice. Umbrellas and scarves are being shaken, which can also cause water, snow, and ice to fall on floors and other surfaces. People may drop small objects, like candy or small products, on the floor, which can be slipped on. There are many more people, which exacerbates all potential dangers. Finally, store and mall employees, who are normally supposed…
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4 Lessons for Dating After Divorce

After the emotional roller coaster of a divorce, settling into a new normal can come as a relief. Starting to date again may be a key step that helps you move forward. However, there are plenty of things you can do when you start dating after divorce that can torpedo the experience. Here are some hard-learned lessons from others who have been through re-entering the singles scene. Learn how to flirt again We fall into communication habits with people we spend a lot of time with. For someone who has been married for a length of time, the flirtation muscles may not have been exercised in years. Practice them in everyday, nonthreatening places like in line at the bank or waiting for library checkout. Be yourself, whether that means cracking a joke to the next person in line or offering him or her a compliment. When it comes to flirting,…
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How Long Does It Take to Get a Car Accident Settlement Check?

If you or a loved one has been in a car accident that resulted in injuries and vehicle damage, it’s likely that you will file an insurance claim. Both New Jersey and New York are “no-fault” states, in which drivers can go to their own insurance companies to file a claim after an accident, regardless of who was at fault. How long it will take you to get a settlement check depends on a number of factors. It can be up to a month, and sometimes much longer if the case is complex or the insurer cannot or does not find the relevant information quickly. Insurance Claim timeline Insurance companies vary in their speed in processing claims. Some are quite fast, and some seem to drag their heels forever. When you are in an accident, do what you can to expedite the process. Be sure to file an insurance claim…
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What Questions Should I Ask a Divorce Attorney?

A divorce can be a long road; you and your attorney will be working together for the length of the proceeding, anywhere from six weeks to a year, and possibly after that if the order needs enforcement action. Having a good rapport with your attorney ensures you will communicate effectively, easing the process and helping to ensure you are working toward the same goal. Here are some things to ask a prospective divorce attorney to see if he or she is a good fit for you. Relevant experience Not all legal experience is of the same value. Not all lawyers practice family law, and those who do may not all handle divorces. Even among divorce lawyers, some may have experience with specific issues or types of clients and their related needs. For example, you may prefer a lawyer who has handled many divorces involving members of the military, hospital employees,…
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How to Let Your Spouse Know You Are Filing for Divorce

If you are thinking about filing for divorce, it’s important to know how to let your spouse know it. In some couples, the idea of divorce may be in one partner’s mind, but far from the other’s. In others, there may be dissatisfaction or even counseling and separation, but not an agreement on divorce. There are two aspects to letting your spouse know: the emotional and the legal. Emotional Aspects You need to let your spouse know respectfully that you are filing for divorce. First, you need to choose a place and time when you will have some time to discuss your plans. It needs to be a place where you can talk privately and without interruption, especially by phones, other adults, or your children. Second, plan what you will say. You will to make it clear that you are moving ahead with divorce. Never equivocate. The break has to…
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3 Excuses People Give for Driving Drunk

Driving while impaired by alcohol causes far too many injuries and deaths on the nation’s highways every year. A person is killed by a driver who is impaired by alcohol roughly every 50 minutes of every day, all year around, according to the U.S. Centers for Disease Control and Prevention. That’s 29 people per day – nearly all entirely preventable. But the dangers of drinking and driving is a frequently reiterated message. Yet it still continues to happen. What excuses do people give for driving drunk? The Traffic Injury Research Foundation (TIRF) polled people whose blood alcohol content (BAC) registered 0.8% or more, which is the legal point at which people can be charged with a driving under the influence (DUI) arrest in most states, to find out, and this is what they found. 1. They think they are okay to drive. Nearly half the people surveyed believed they were…
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Marriott, Starwood Data Breach Class Action Lawsuit Investigation

Did you stay at one of the following Starwood Hotels between 2014 and Nov. 30, 2018 and receive an email from Marriott or Starwood informing you that you have been affected by the data breach? W Hotels Sheraton Hotels & Resorts Regis Element Hotels Westin Hotels & Resorts Tribute Portfolio Design Hotels Aloft Hotels Le Méridien Hotels & Resorts The Luxury Collection Starwood branded timeshare properties Four Points by Sheraton On Friday November 30, 2018 Marriott International admitted in a statement that its system for guest reservations at Starwood Hotels had been hacked, possibly exposing the personal information of up to 500 million hotel guests at its Starwood hotels and properties. The breach is massive—starting in 2014 and ending only in September of 2018. This information may include: Names Email Addresses Phone Numbers Passport Numbers Date of Birth Arrival Information Payment Card numbers If you booked a reservation at one of…
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