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  • How to Handle Hidden Assets in a Divorce: A New Jersey Attorney's Guide
    Divorce At Why Hidden Assets Pose a Serious Issue When a spouse conceals assets, it can result in an unfair settlement and jeopardize your financial stability post-divorce. High-asset divorces often involve complicated financial portfolios, including real estate, investments, business interests, and valuable personal property. Unfortunately, some individuals may try to hide these assets to retain a larger portion of the marital estate. Hiding assets during a divorce is not only dishonest but also illegal,...
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  • Steps to Take Before Filing for Divorce: A Guide
    Deciding to file for These steps can help make the divorce process smoother and ensure that your rights and interests are protected. 1. Evaluate Your Financial Situation One of the most crucial steps before filing for divorce is evaluating your financial standing. Divorce can have a significant impact on your finances, especially when it comes to dividing assets, debts, and ongoing financial obligations such as spousal or child support. Steps to Take: Collect Financial...
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  • My ex violated the court order… what do I do?
    At the conclusion of your family part case, you will get an order from the court. That order should detail any of the following: How frequently and the amount of child support to be paid; The parenting plan; The legal rights of the parents relative to the children; Additional expense that are to be shared between the parents; Whether therapy is required or a parenting coordinator is appointed; The terms of payment of The...
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  • DUI Charges in New Jersey: What Happens if You're Arrested Without a Breathalyzer Result?
    Facing a DUI charge in New Jersey is a serious matter, and many cases rely heavily on breathalyzer results to determine blood alcohol content (BAC). But what happens if you're arrested for a DUI without a breathalyzer result? Whether due to a refusal to take the test, a malfunction, or procedural errors, it's important to understand how these situations are handled. In this blog, we’ll explore what you need to know if there is no...
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  • The Fifth Amendment and Adverse Inferences in FRO Proceedings: A Critical Analysis
    A trial court may not draw an adverse inference in a Case Background In Legal Precedents and Implications The decision references H.E.S. v. J.C.S., 175 N.J. 309 (2003), where the New Jersey Supreme Court, in dicta, emphasized that an unfavorable inference should not be drawn against a defendant who elects not to testify, especially when criminal implications are at stake. Unlike in typical civil cases, where adverse inferences may be drawn, domestic violence...
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  • New Jersey Family Collaborative Law Act
    On September 10, 2014, Governor Chris Christie signed the The Participation Agreement N.J.S.A. 2A:23D-5 requires the parties to enter into a Participation Agreement before beginning the collaborative divorce process. One critical point in the Participation Agreement is that both parties must agree that they will not ask a court to decide a disputed issue. The parties and counsel agree that if either decides to go to court, then both collaborative attorneys must withdraw from...
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  • Can Prescription Medications Lead to a DUI Charge in New Jersey?
    Facing How Do NJ DUI Laws Apply to Prescription Medications? In New Jersey, DUI laws treat driving under the influence of prescription medications with the same seriousness as driving under the influence of alcohol. The law clearly states that if any substance—whether alcohol, illegal drugs, or prescription medications—impairs your ability to drive, you can face DUI charges. Prescription medications can cause side effects such as drowsiness, dizziness, or slowed reaction times, all of which...
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  • Service by Publication in Family Law Cases
    In One ‘method’ of alternative service of process is service by publication. In order to seek service by publication, you have to file an affidavit of diligent inquiry. The affidavit should disclose the efforts made to ascertain the defendant's whereabouts. If you have any idea where the other person may be, an email address, information about other family members, etc., that should be disclosed to the court when seeking an order for service by...
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  • Grandparent Visitation Rights in New Jersey
    Under the Grandparent and Sibling Visitation Act, N.J.S.A. 9:2-7.1 (the Act), and the legal principles set forth in Moriarity v. Bradt, 177 N.J. 84, 118 (2003), courts must undertake a two-step analysis to decide a grandparent's application to visit a grandchild over the objection of a fit parent. Essentially, the grandparents must first prove that the denial of visitation will harm the child. This is not a best interest analysis that is conducted in regular...
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  • How to Unify a Child with His Father
    One of the more troublesome aspects of In the case of OM v. RT & ET, the appeals court was presented with the following question: what are the appropriate procedures that should be followed to introduce the newly-discovered biological father to a child who, for most of his life, was raised believing that another man was his biological father. Mom married RT who at all times believed he was the biological father of the...
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