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Divorce
Divorce laws in New Jersey allow for both fault and no-fault divorces. To file for divorce in New Jersey, at least one spouse must have been a resident of the state for at least one year before filing. The following is a general overview of the divorce process in New Jersey:
Grounds for Divorce: In New Jersey, you can file for a no-fault divorce if you have been living separately for at least 18 months, or if you can demonstrate irreconcilable differences. You can also file for a fault-based divorce if your spouse has committed adultery, deserted you for at least 12 months, been imprisoned for at least 18 months, or has engaged in extreme cruelty.
Filing the Complaint: To begin the divorce process, the spouse initiating the divorce (the plaintiff) must file a complaint with the appropriate court. The complaint will include the grounds for divorce, and the relief being sought.
Service of Process: Once the complaint has been filed, the plaintiff must serve a copy of the complaint and summons to the other spouse (the defendant). The defendant then has 35 days to file a response.
Discovery: Once the complaint has been served, both parties may begin the process of discovery. This involves gathering and exchanging information relevant to the divorce, such as financial records, property valuations, and witness statements.
Settlement or Trial: If the parties are able to come to an agreement on all issues, a settlement agreement will be drafted and submitted to the court for approval. If the parties are unable to reach an agreement, the case will proceed to trial, where a judge will make a final determination on all issues.
Final Judgment of Divorce: Once all issues have been resolved, a final judgment of divorce will be entered. This will include provisions for child custody and support, division of assets and debts, and any other matters that were addressed during the divorce process.
Property Division/Spousal Support
We understand that the financial implications of a divorce can be as devastating as its emotional impact.
A property division myth is that some assets are not subject to distribution.
The FACT is, if you had property before you were married, received a gift or inherited property, these will all be subject to an "equitable distribution.
Judges do take individual cimcumstances into consideration. There is no law mandating an exactly equal splut of marital property. If one's party health is poor. for example, a judge may weigh the party's future medical bills into the marital property division equation. Please consult us for details on your particular circumstance.
Child custody and support
Our law firm understand that the most important part of any divorce involving children is making sure that they are adequately taken care of throughout the entire process. Child custody matters can sometimes turn ugly in a court of law, which is why it's best to always have an experienced New Jersey child custody attorney at your side. We can provide elite custody and support representation to our every client and we're also able to assist those who wis to challenge or modify a current arrangement in Court.
Domestic Violence
Domestic violence is a serious issue in New Jersey, and there are several resources available for victims and survivors of domestic violence in the state.
In New Jersey, domestic violence is defined as the occurrence of one or more of the following acts committed by an adult or emancipated minor against another adult or emancipated minor who is a spouse, former spouse, or a person who is currently or was previously in a dating relationship, or who has a child in common with the defendant:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
If you or someone you know is a victim of domestic violence, there are several resources available in New Jersey, including:
- National Domestic Violence Hotline: 1-800-799-SAFE (7233)
Unfortunately, domestic violence is a fact of life for many families. Our family law attorney can talk with you about your legal rights and options if you are experiencing domestic violence or have an outstanding protective order issued against you. Protective orders can have life-long and life-changing consequences.
Additional Services
Discover more about our extensive range of professional services. We constantly update this page, but if you still can’t find what you’re looking for, please feel free to get in touch with us – we will be more than happy to help.
Civil Actions
A civil action in New Jersey is a legal proceeding that is brought by one individual or entity against another individual or entity seeking monetary damages, injunctive relief, or other legal remedies. The purpose of a civil action is to resolve a dispute or claim between parties where one party alleges that the other party has caused them harm, injury, or loss.
In New Jersey, civil actions can be brought in either the Superior Court or the Municipal Court depending on the nature and amount of the claim. Superior Court has jurisdiction over claims where the amount in controversy exceeds $15,000, while Municipal Court has jurisdiction over claims where the amount in controversy is less than $15,000.
The process for filing a civil action in New Jersey typically involves drafting and filing a complaint with the appropriate court, serving the complaint on the defendant, and proceeding with the discovery process where the parties exchange information and evidence related to the claim. The case may then proceed to trial, where a judge or jury will hear the evidence and make a determination on the merits of the claim.
It is important to note that civil actions in New Jersey are subject to various procedural rules and deadlines, and it is highly recommended to seek the advice of an experienced attorney if you are considering filing a civil action or defending against one.
Immigration
Immigration to the USA refers to the process of moving permanently or temporarily from one's country of origin to the United States. The United States has a long history of immigration, and it remains a popular destination for people from all over the world.
The immigration process to the USA can be complex and challenging, and it can vary depending on the individual's situation, including the reason for immigration, their country of origin, their education and work experience, and other factors.
Some common ways people immigrate to the USA include family sponsorship, employment-based visas, refugee or asylum status, and diversity visas (also known as the Green Card Lottery). The process typically involves submitting an application, attending an interview, and undergoing a background check, among other steps.
The US government has set up various agencies to regulate and enforce immigration laws, including the Department of Homeland Security and the United States Citizenship and Immigration Services (USCIS). These agencies oversee the processing of applications and make decisions on whether to grant visas and other forms of legal status.
It's important to note that US immigration policies are subject to change, and the process can be affected by political and economic factors. As such, it's always a good idea to consult with a qualified immigration lawyer or a reputable immigration service provider for the most up-to-date and accurate information.
DUI
Driving under the influence (DUI) in NJ (New Jersey) is a serious offense that can result in severe consequences. In NJ, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, driving under the influence of drugs or any substance that impairs your ability to drive is also illegal.
The penalties for a DUI conviction in NJ can include fines, license suspension, mandatory participation in an alcohol or drug education and treatment program, community service, and even jail time. The severity of the penalties typically depends on the driver's BAC level, the number of prior DUI convictions, and other factors.
It's essential to avoid drinking and driving or using drugs and driving to ensure the safety of yourself and others on the road. If you've been drinking or using drugs, it's always best to find a sober driver or use public transportation.
Traffic Violations
Traffic violations in NJ (New Jersey) can range from minor infractions, such as parking tickets or speeding tickets, to more serious offenses, such as reckless driving or driving under the influence (DUI).
Some common traffic violations in NJ include:
- Speeding
- Running a red light or stop sign
- Failing to yield the right of way
- Following too closely (tailgating)
- Driving without a valid license or insurance
- Using a handheld cell phone or texting while driving
- Improper passing or lane changes
- Failure to use turn signals or headlights when required
- Driving in a bus lane or restricted area
- Parking violations
The penalties for traffic violations in NJ can vary depending on the severity of the offense. For minor violations, such as parking tickets or speeding tickets, you may only be required to pay a fine. However, for more serious offenses, such as reckless driving or DUI, you may face fines, license suspension, points on your driving record, mandatory participation in driver education or rehabilitation programs, and even jail time.
If you receive a traffic ticket or are charged with a traffic violation in NJ, it's important to take it seriously and consider consulting with a traffic lawyer to understand your legal options and potential consequences.
Criminal Matters
Criminal offenses in NJ (New Jersey) are violations of state or federal law that are considered serious and can result in harsh penalties, including fines, imprisonment, or both. Some common criminal offenses in NJ include:
- Assault and battery
- Domestic violence
- Drug possession or distribution
- Theft or burglary
- Fraud and embezzlement
- White-collar crimes, such as securities fraud or insider trading
- Homicide or manslaughter
- Sexual assault or harassment
- Driving under the influence (DUI)
- Weapons offenses
The severity of the penalties for criminal offenses in NJ can vary depending on the specific offense and the circumstances surrounding it. Penalties can include fines, imprisonment, probation, community service, mandatory counseling or rehabilitation programs, and loss of certain rights, such as the right to vote or own firearms.
If you are facing criminal charges in NJ, it's essential to take them seriously and seek legal advice from an experienced criminal defense lawyer who can help you understand your legal options and represent you in court.
Real Estate Contracts
Real estate contracts in NJ (New Jersey) are legally binding agreements between a buyer and seller for the purchase or sale of real property. These contracts outline the terms and conditions of the transaction, including the purchase price, deposit, closing date, and any contingencies or conditions that must be met before the sale can be completed.
In NJ, real estate contracts must be in writing and signed by both the buyer and seller to be enforceable. They may also include additional provisions, such as home inspection contingencies, financing contingencies, or seller disclosures.
The NJ standard form real estate contract is the "New Jersey Realtors® Standard Form of Real Estate Contract." This form is used by real estate agents and brokers to facilitate the sale of residential real estate.
It's essential to carefully review and understand the terms of any real estate contract before signing it. If you have questions or concerns, it's a good idea to consult with a real estate attorney who can help you navigate the legal aspects of the transaction and ensure that your interests are protected.
Revenge porn
Revenge porn, also known as the nonconsensual distribution of sexually explicit images, is illegal in NJ (New Jersey) and is considered a form of harassment and invasion of privacy.
Under NJ law, it is a fourth-degree crime to distribute sexually explicit images of someone without their consent with the intent to harass, intimidate, or embarrass them. It is also a fourth-degree crime to threaten to distribute such images without their consent.
If convicted of revenge porn in NJ, the perpetrator can face up to 18 months in prison and up to $10,000 in fines. Additionally, victims of revenge porn may be entitled to file a civil lawsuit seeking damages for emotional distress, harm to reputation, and other related damages.
If you are a victim of revenge porn in NJ, it's essential to contact the police and report the crime. You may also want to consider seeking a restraining order or protective order against the perpetrator and consulting with an experienced attorney who can help you understand your legal options and protect your rights.