A criminal conviction can have a permanent, negative effect on an individual’s life. It can prevent the individual from obtaining certain types of employment and severely limit his or her housing opportunities. In New Jersey, first-time offenders have the opportunity to avoid conviction by completing one of two programs: conditional discharge or pretrial intervention. Each has its own requirements for admission and completion. The purpose of these programs is to allow individuals to be rehabilitated, rather than punished. Conditional Discharge If the individual’s charge is for a drug-related disorderly persons offense, he or she may be a candidate for a conditional discharge. This is a program that allows first-time drug offenders to have their charges dropped if they comply with certain requirements set forth by the court. The requirements an individual must meet to qualify for a conditional discharge are:…Read More
Slip and fall injuries are some of the most common injuries that can occur. Slip and fall hazards are everywhere – a recently-mopped floor, a cracked sidewalk, a wet dock, a broken step, or even an outdoor hazard covered by leaves or a tarp can create a risk for falling and sustaining a life-changing injury. If you have been injured in a slip or a fall, you may be entitled to seek monetary compensation for your expenses through a personal injury claim. This type of claim is made against the negligent party, which is usually the owner of the property where your injury occurred in slip and fall cases. This is because property owners are required to safely maintain their properties and do all that they can to eliminate any hazards that visitors may face when on the property. Possible…Read More
There are many different ways New Jersey couples can adopt children and expand their families. Some couples choose to adopt children from overseas while others opt to adopt children who live in the United States. For some couples, the best route is through a private adoption whereas others choose to work with an adoption agency to bring their child home. Each type of adoption has unique benefits and challenges for the child and parents alike. For families who choose to adopt through an adoption agency, there are certain steps that they must follow. If you are considering adopting a child through an adoption agency, talk with an attorney at The Law Office of Eric B. Hannum Esq., LLC, about this process before you begin. Our attorneys can answer any questions you have about the adoption process and clarify any misconceptions…Read More
Families headed by same sex parents are more visible today than ever especially given the Suprme Court’s recent decision permitting same sex marriage nationwide. Despite same sex marriage becoming legal in New Jersey and throughout the nation, there are still certain legal issues that same sex parents face regarding their children. These legal issues are largely related to the child’s parentage. If both parents are not the child’s legal parents, the non-biological parent can face problems when seeking custody or visitation after a divorce. He or she may also face problems adding the child to his or her insurance policy if he or she is not the child’s legal parent. In New Jersey, same sex parents may jointly apply to adopt children privately and through adoption agencies. They may also foster children through the New Jersey Foster Care system. Second…Read More
When a married couple has a baby, the husband is automatically considered to be the child’s legal father. But if a couple is not married when their baby is born, the couple must establish the child’s paternity. It is crucial that the parents establish their child’s paternity for a few reasons. They are as follows: For the father to seek custody, visitation, and child support for the child. If a man is not his biological child’s legal father, he does not have the right to seek any of these. For the mother to seek child support from the child’s father. For the father to add the child to his insurance policies. This may include his healthcare insurance, his life insurance, or his automobile insurance in the case where the child is of age to drive. For many families, establishing paternity…Read More
Sometimes, a relationship just doesn’t work. You might try all that you can to maintain a relationship with your spouse, from couple’s therapy to new strategies for working and living together and still find yourselves unhappy with each other. When this is the case, it might be best for you to end your marriage. Although it might seem like a good idea to stay together for your children’s sake, the truth is, it is often healthier for children to adjust to life after a divorce than it is to remain in a household where both parents are miserable and continually fighting in front of the children. Consider the following statements to determine if divorce might be right for you. Your Relationship Is Gone If you find yourself seeking comfort with friends, your hobbies, your relatives, or other sources instead of…Read More
Following a divorce, a noncustodial parent may be required to make child support payments to the custodial parent to help pay for their child’s care. This money is meant to cover goods for the child, such as food, clothing, and personal needs as well as offset some of the expenses that the custodial parent incurs, such as housing and utilities. When a parent does not pay his or her required child support, the custodial parent can take legal action against him or her to get the money that their child needs. If your former spouse has been consistently late with his or her child support payments, talk to him or her about it before taking legal action. Your former partner might be experiencing financial hardship and cannot afford to make his or her child support payments. If this is the…Read More
The key to a straightforward divorce is a willingness to be open with your former partner about your assets. If you or your spouse can not openly discuss your assets and debts with your attorneys or a mediator to divide them fairly, your attorneys may have to go through a process known as discovery. How Can An Individual Hide Assets? There are many different ways an individual can attempt to hide assets in an effort to spare them from being divided as part of his or her divorce. Some examples of these methods include: Purchasing expensive items, such as office décor or electronics. Hiding cash or goods in a safe deposit box. Moving assets into another individual’s name. Overpaying the IRS with the intention of receiving the excess through a return later. Underreporting income to the IRS. Opening secret bank…Read More
Usually, no. In most cases, individuals who took out student loans did so before they married, taking on the debt alone or co-signing with their parents for it. Because they obtained this debt before marriage, it is considered to be singly-held property. But if you co-signed with your spouse when he or she took out a student loan after you were married, you could potentially be held responsible for it. There are certain circumstances under which the court may determine that you are liable for your former spouse’s student loan debt, such as the following: If you co-signed for the loan. If the loan was used to partially or fully pay for your shared living expenses, such as your housing, utilities, or food bills. If the resulting degree altered your standard of living or moved you into a higher tax…Read More
When a couple with children divorces, child custody and support are two of the biggest issues that need to be worked out as part of their divorce settlement. In New Jersey, children are required to maintain contact with both parents following a divorce, unless there is a reason why one or both parents’ parental rights are terminated. Many divorced couples split custody of their children following their divorce. This type of custody arrangement is known as a shared custody arrangement. When a couple has shared custody of their children, the court may determine the schedule that best fits the children’s needs. For example, the parents might alternate weeks with the children or, if this is not a viable option, the children might spend Monday through Friday with one parent every week, alternating between both parents’ homes each weekend. The court…Read More
