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If there is Real Estate In My Name Alone, Does My Spouse Have A Claim To It During Our New Jersey Divorce?
  • By: Eric Hannum, Esq.
  • Published: November 30, 2015

That depends on whether the property was purchased before your marriage or during it. Even then, certain factors can make a singly-held piece of real estate subject to New Jersey’s equitable division laws. If you are unsure about whether a particular piece of property is considered to be singly-held or marital property, discuss it with your divorce attorney. He or she can examine the circumstances surrounding your property and determine whether it is subject to division by the court or not. What Is Singly-Held Property? Singly-held property is the property that belongs to you, and only you. This includes all property you owned before entering your marriage and any property that you receive as a gift or through inheritance during your marriage. Basically, it is your possessions that were not purchased with marital funds. Sometimes, a piece of property that…Read More

New Jersey’s Heroin Epidemic
  • By: Eric Hannum, Esq.
  • Published: November 27, 2015

Over the past few years, heroin use and abuse in New Jersey has soared. Since 2010, the number of heroin overdose deaths in the state has tripled. In 2014 alone, more than 700 people died of heroin overdoses in New Jersey. Because of its prevalence, the penalties that an individual faces for the possession, sale, or distribution of heroin in New Jersey are different than the penalties for offenses with other Schedule I controlled dangerous substances. Heroin Possession And Distribution Charges Possession of any amount of heroin is illegal in New Jersey. This is a third degree crime, the penalties for which include: Up to five years in prison; A fine of up to $35,000; A six-month driver’s license suspension. An individual charged with the possession of five or more ounces of heroin with the intention to distribute it faces a…Read More

Legal Separation in New Jersey
  • By: Eric Hannum, Esq.
  • Published: November 23, 2015

When a couple legally separates, they stop living together but do not formally end their marriage. Couples choose to legally separate for a variety of reasons. When a married couple who has significant assets to divide or children to care for and support financially decides to legally separate, they might opt to draft and sign a separation agreement. This document outlines all the same issues that would be determined in a divorce, such as: Child support; Spousal support; Payment for household expenses and medical bills; Expenses for credit card bills, the couple’s mortgage, and any other debt like a car payment. Although a couple does not have to work with an attorney to create this agreement, it is often advisable that they do so neither party loses the assets he or she is entitled to receive when the couple separates.…Read More

  • By: Eric Hannum, Esq.
  • Published: November 20, 2015

Yes. Any images or discussions you share on social media platforms such as Facebook, Twitter, Instagram, or Tumblr can absolutely be used as evidence of an extramarital affair in divorce court. Although divorces in New Jersey do not have to have grounds (in other words, you do not need to prove that your partner has committed infidelity to be granted a divorce), proof of infidelity can play a role in how the court determines a couple’s alimony agreement. This is not the only way social media data can be used in a divorce case. Pictures of new partners, pictures of an individual engaging in dangerous or illegal behaviors, and how an individual talks about his or her former partner, the court, and his or her child custody arrangement can all be used to determine an appropriate settlement or modification to…Read More

Simple Vs. Aggravated Assault
  • By: Eric Hannum, Esq.
  • Published: November 18, 2015

“Simple” and “aggravated” are two terms used to describe the severity of a criminal offense. For example, a simple assault can describe any small fight between two individuals while an aggravated assault refers to an altercation where one or both of the parties suffered bodily harm. The descriptors “simple” and “aggravated” can be used to describe other criminal offenses as well, such as robbery. An assault is a physical attack committed against another human being. If you have been charged with assault in New Jersey, whether you are charged with simple or aggravated assault determines the penalties that you face. The penalties you face can play a role in determining your legal strategy. If you have been charged with either type of assault, it is important that you start working on your defense with an experienced criminal defense attorney right…Read More

Underage Drinking Charges in New Jersey
  • By: Eric Hannum, Esq.
  • Published: November 16, 2015

In New Jersey as well as the rest of the United States, the legal drinking age is 21 years old. That means that any individual under the age of 21 who is found consuming an alcoholic beverage can face an underage drinking charge. Underage drinking is a disorderly persons offense. Despite it being illegal for individuals under the age of 21 to consume alcohol, many individuals opt to do so anyway. Underage drinking is an especially serious concern on college campuses and in beach towns throughout New Jersey, such as Seaside Heights and Belmar. It is also a criminal offense to provide alcohol to minors. If you are over the age of 21 and you are asked to purchase alcoholic beverages for underage individuals, do not buy it for them. Penalties For An Underage Drinking Charge Any individual charged with…Read More

Paying Alimony after Retirement
  • By: Eric Hannum, Esq.
  • Published: November 13, 2015

When a couple divorces, the lower-earning spouse may ask the court to develop an alimony order. This order requires the higher-paying spouse to provide financial support to the lower-earning spouse for a defined period of time in order to avoid the receiving spouse from being financially ruined by the divorce. An appropriate payment amount and length of time to make the payments is calculated using the length of the couple’s marriage, the length of time the lower-earning spouse spent out of the workforce or working a part-time job in order to devote him or herself to the couple’s home and children, each partner’s assets and current income, and each partner’s financial needs following the divorce. When the paying partner experiences a change in his or her income, he or she may seek a modification to his or her alimony order…Read More

I Found Out My Child Is Not Biologically Mine. Am I Still Required To Pay Child Support?
  • By: Eric Hannum, Esq.
  • Published: November 11, 2015

This can be an extremely difficult issue to tackle. When a child is born to a married couple, it is assumed to be the husband’s biological child and his name is added to the birth certificate. When a child is born to an unmarried woman, her partner can sign the child’s birth certificate to become the child’s legal father. Legal fatherhood is an important status when working through child support, visitation, and custody issues. This is the status that proves that your child is yours and you are thus entitled to seek custody of and support for him or her. But what if you later find out that your legal child is not yours biologically? Can you stop paying child support for him or her and suspend your custody agreement? For many paying fathers, another important question looms about this…Read More

My Child Does Not Want To Visit Me. Can The Court Require Him Or Her To Visit?
  • By: Eric Hannum, Esq.
  • Published: November 4, 2015

Going through a divorce and facing the prospect of no longer seeing your child every day can be heartbreaking. Hearing that your child does not want to spend time with you during your court-ordered parenting time can be even more devastating. When New Jersey courts develop child custody agreements, they do so with the intention of meeting all of the child’s needs. One of the child’s most critical needs is a consistent relationship with both of his or her parents. But what if the child does not want to have a relationship with one of his or her parents? Can the court force a relationship? The answer is maybe. Why A Child Refuses To Visit A Parent Matters If your child is refusing to visit you because he or she is experiencing neglect or abuse from a member of your…Read More

What You Need To Know About Moving Out Of New Jersey With Your Child
  • By: Eric Hannum, Esq.
  • Published: October 30, 2015

There are a lot of reasons why you might want to leave the Garden State. Maybe you’ve been offered a great job opportunity elsewhere or you need to be closer to your extended family. Maybe you just want to relocate to a place where it’s cheaper to live. No matter what your reason for moving out of New Jersey, the most important thing you need to know as a parent with a child custody order is that you cannot simply pick up your child and leave the state. Your child needs to have a consistent relationship with both of his or her parents. Depending on where you go, this can be impossible with an interstate move. So what does this mean for you? Does it mean you’re stuck in New Jersey until your child turns eighteen? Not necessarily. Your Former…Read More

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