An individual’s driver’s license may be suspended for a variety of reasons. Failing to pay his or her child support obligation, being charged with driving while intoxicated (DWI), and acquiring too many points on his or her driver’s license are all reasons why the state might opt to suspend an individual’s driving privileges. When your driver’s license is suspended, you are prohibited from driving under any circumstances. In New Jersey, you can not obtain a “hardship license,” which is a limited driver’s license that allows an individual to drive to work and other necessary places like doctor’s appointments and his or her child’s school. If you are caught driving while your license is suspended, you can face significant consequences. Penalties For Driving On A Suspended License For a first offense, an individual may face a $500 fine. For a second…Read More
Criminal mischief can refer to a variety of offenses. Generally, it refers to acts of vandalism and tampering with victims’ property. In New Jersey, criminal mischief can be charged as a disorderly persons offense, a 4th degree crime, or a 3rd degree crime, depending on the monetary value of the property damages or destroyed. Many people mistakenly believe that criminal mischief charges are not serious criminal charges. Although they certainly carry lower penalties than crimes like murder and arson, they are not charges that should be ignored or downplayed. A criminal mischief charge can come with fines and other penalties for an individual and stay on his or her record possibly for the rest of his or her life. If you have been charged with criminal mischief, work with an experienced criminal defense attorney to try to have your charge…Read More
You might have heard that committing infidelity will have a negative effect on your ability to seek alimony as part of your divorce settlement or somehow make an impact on your property division. Conversely, you might have been told that if your spouse cheated on you, you can expect a larger share of your marital property or a greater amount of alimony after your divorce. The truth is, whether any infidelity that was present in your marriage will affect these determinations is much more complicated than this. Did the Infidelity Affect Your Economic Health As A Married Couple? This is one of the main issues that the court uses to determine whether to allow infidelity to affect its rulings on alimony and property division. In cases where infidelity affects a property ruling, it is because the cheating partner spent marital…Read More
The concept of “lewdness” can be difficult for many to grasp. Its technical definition is “a behavior that is crudely sexual in nature,” which can include actions like offensive gestures, certain types of dancing, and commentary made in public. But, as anybody who leaves his or her home is aware, we live in a world of lewdness. Crude and offensive imagery and actions can be seen in public spaces throughout New Jersey and the rest of the United States. For many, the thought of facing a criminal charge for simply behaving or speaking in a sexual manner is dangerously close to an infringement of his or her right to free speech. But in New Jersey, it is possible to be charged with lewdness or indecent exposure. This can happen any time an individual is caught exposing him- or herself in…Read More
Shoplifting is a type of theft, just like robbery, fraud, and embezzlement. What sets shoplifting apart from these other types of theft is that it is committed specifically against retailers, rather than against individuals or groups. Because shoplifting is generally a nonviolent type of theft that results in the loss of relatively inexpensive items (generally $200 or less) and is frequently carried out by adolescents, many people think it is a relatively minor offense. But it is not. Shoplifting, like other types of theft, is a criminal offense that can result in serious penalties. If you have been charged with shoplifting, work with an experienced criminal defense attorney to determine a way to defend your case in court. Do not assume that you must simply take your penalties – in most cases, you can defend your case and have your…Read More
For many New Jersey families, college is seen as the gateway to adulthood. A teenager graduates high school and begins to attend college, whether locally or hundreds of miles away, and he or she ideally gains the maturity and knowledge necessary to function as an independent adult over the next four years. The notion of a child transitioning to adulthood brings up questions of emancipation. Emancipation is the event of becoming an adult and thus no longer needing financial support from one’s parents. In New Jersey, an adolescent is not automatically emancipated at age 18. Many young men and women continue to remain financially dependent on their parents into their mid- to late twenties, usually because of their enrollment in college. As a parent, you might be wondering if you are still required to pay child support for your adult…Read More
When it comes to dividing a divorcing couple’s property, there are two ways the court can handle this process: through equitable distribution or through community property rules. Equitable Distribution Is Not Equal Distribution Most states, including New Jersey, are equitable distribution states. That means that when couples in these states divorce, their property is not divided 50/50. Instead, it is divided according to a list of factors that are used to determine each partner’s financial and personal needs following the divorce. These factors include, but are not limited to, the following: The length of the couple’s marriage; Whether one partner opted out of the workforce to care for the couple’s children; Each partner’s income; Each partner’s financial obligations following the divorce; The tax implications each partner will face after the divorce; The couple’s child custody and support arrangements; Each partner’s…Read More
When a married couple gets divorced, their marriage is dismantled. This means that the court, recognizing the couple’s legal union and their rights, works to break down the couple’s property according to equitable distribution rules and create a settlement that provides both partners with a fair share of their marital property. In contrast, an annulment is issued when the court recognizes that a couple never had a legal marriage to begin with. A divorce legally ends a marriage; an annulment invalidates it. Not every couple can get an annulment. To qualify for an annulment in New Jersey, you must be able to prove that your marriage is invalid according to New Jersey’s matrimonial laws. If you are unsure about the validity of your marriage, speak with an experienced divorce attorney. What Makes A Marriage Invalid? If one partner is already…Read More
Yes. For some couples, legal separation is the first step in the divorce process. For others, it is a permanent solution for a marriage that can not be fixed. Couples choose legal separation for a variety of reasons. For some, it is a way to “freeze” their assets before starting the divorce process. This can make it easier to take note of which assets are marital assets and which are not, expediting the property division portion of their divorce. For others, it is a way to exit a toxic relationship without divorcing, which is a sin in many religions. In other cases yet, a couple might not be absolutely certain that they want to divorce and instead decide to separate until they can determine if they want to remain in the marriage. All of these reasons are valid and all…Read More
For divorcing couples in New Jersey, the Early Settlement Panel (ESP) is a form of alternative dispute resolution. It gives couples the opportunity to determine the financial terms of their divorce settlements without having to go through the lengthy, expensive process of litigation. Many couples find divorcing through alternative dispute resolution to be an empowering experience. Unlike litigation, where the partners have little to no control over their divorce’s proceeding, alternative dispute resolution methods put the divorcing couple in control. To learn more about the early settlement panel and determine if it could be right for you, discuss it with your divorce attorney. The Early Settlement Process When a couple goes before the early settlement panel for a hearing, each party presents his or her case to the panel. The panel is made up of a team of family attorneys…Read More
