Family Law in NJ: Grounds for Divorce

When filing for divorce in New Jersey, you must include the grounds, or reason for, the divorce in your petition. There are two types of grounds for divorce, fault and no-fault. In a no-fault divorce, the filing party does not have to prove that the other did anything wrong.  There are seven fault grounds for divorce in New Jersey, and two no-fault grounds. No-fault grounds include:

a. Separation, provided that the husband and wife have lived separate and apart in different habitations for a period of at least 18 or more consecutive months and there is no reasonable prospect of reconciliation; provided, further that after the 18-month period there shall be a presumption that there is no reasonable prospect of reconciliation; and

b. Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation.

Other grounds for divorce in New Jersey include:

a. Adultery;

b. Extreme cruelty, which is defined as including any physical or mental cruelty which endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant; provided that no complaint for divorce shall be filed until after 3 months from the date of the last act of cruelty complained of in the complaint, but this provision shall not be held to apply to any counterclaim;

c. Willful and continued desertion for the term of 12 or more months, which may be established by satisfactory proof that the parties have ceased to cohabit as man and wife;

d. Voluntarily induced addiction or habituation to any narcotic drug as defined in the New Jersey Controlled Dangerous Substances Act or habitual drunkenness for a period of 12 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;

e. Institutionalization for mental illness for a period of 24 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;

f. Imprisonment of the defendant for 18 or more consecutive months after marriage, provided that where the action is not commenced until after the defendant's release, the parties have not resumed cohabitation following such imprisonment; and

g. Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff.

 For further details visit Family Law Attorney New Jersey or wants an appointment contact Hackensack Divorce Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
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201-343-6800

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NJ Family Law Common Terms Defined

Charlotte spine injury attorney- the need to hire one

Working in a danger zone can make a person prone to meeting with accidents. However; accidents which make a person suffer a spine injury is considered as one of the most serious injuries and a person meeting with such an accident due to some other person’s fault, intentions or negligence should immediately file a case in a court of law in order to get fairly compensated for the loss that the person has suffered due to some other person’s mistakes. Failing to file a case immediately may land a person in trouble, as the court of law will then dismiss the case by marking it as inappropriate. This is the reason why a complainant should immediately hire a Charlotte spine injury attorney and move the case to the court as soon as possible. There are many reasons why a complainant or the victim should hire an attorney for his or her case, some of the reasons being:

Presentation in court:

 No matter how obvious a case is, it is simply not possible to contest and win a case in a court of law without the help of a lawyer. Similarly, even if a person moves a case of spine injury in a court with some of the most obvious evidences to back the case, the person may not be able to make the case stand in the court without the help of a seasoned lawyer, let alone chances of winning it. This is not only because the person is not eligible or knowledgeable enough to fight the case in the court but also because, presentation of a case in a court is something that is absolutely different and it is therefore only a Charlotte spine injury attorney who can present and contest a spine injury case in a court.

Estimation of future:

 Fighting a case in a court of law is a huge hassle and whether the person is a complainant or an accused, the hassle remains almost the same in both the instances. However; it is simply not possible for a normal person who is not very used to going in courts, will never be able to realize the hassles involved. A Charlotte spine injury attorney thus helps the client in knowing the hassles involved from the very beginning, so that the client can decide whether he or she would want to continue with the case.

Motivation:

Last but not the least, hiring a Charlotte spine injury attorney can also help the complainant or the victim stay focused and motivated to fight the case, no matter what comes. 

For further details visit Charlotte Spine Injury Attorney or wants an appointment contact NC Spine Injury Lawyer here: 118 South Colonial Ave. Charlotte, North Carolina 28207

Phone: 704-754-8098

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Get expert help with a Charlotte accident lawyer

New Jersey Personal Injury Law: Contributory Negligence

Contributory negligence is a term often used in personal injury cases to indicate that the Plaintiff contributed to their injury through their own negligence. In New Jersey, contributory negligence does not exclude a Plaintiff from recovering damages from a negligent Defendant, so long as the Plaintiff’s negligence was not greater than the negligence of the person or persons against whom recovery is sought. However, any recovery will be reduced by the percentage sustained of negligence attributable to the Plaintiff. For instance, if a Plaintiff crossed a road in the middle, instead of at the designated crossing point, and did so without first looking, and a Defendant who was talking on his or her cell phone, hit them, causing injury, the Plaintiff might be found to be forty percent (40%) at fault and the Defendant sixty percent (60%). In this case, any judgment the Plaintiff would be entitled to, will be reduced by forty percent (40%).  If there is more than one Defendant, the Plaintiff’s negligence cannot equal more than the combined negligence of all of the Defendants.

Pursuant to N.J.S.A. 2A:15-5.3, when contributory negligence is used as a defense to a personal injury suit in New Jersey, the jury must make the following as findings of fact:

(1). The amount of damages which would be recoverable by the injured party regardless of any consideration of negligence or fault, that is, the full value of the injured party's damages.

(2). The extent, in the form of a percentage, of each party's negligence or fault. The percentage of negligence or fault of each party shall be based on 100% and the total of all percentages of negligence or fault of all the parties to a suit shall be 100%.

If a party is determined to be sixty percent (60%) or more at fault, the Plaintiff may recover from them the entire amount of damages. Otherwise, he may only recover the percentage of damages attributable to that Defendant. 

For further details visit NJ Personal Injury Lawyer or wants an appointment contact New Jersey Product Liability Lawyer here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

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New Jersey Personal Injury Law: Arbitration

New Jersey Personal Injury Law: Arbitration

New Jersey code § 2A:23A-20 requires personal injury cases be submitted to arbitration when the amount in dispute is $20,000 or less. Arbitration is a form of alternative dispute resolution intended to resolve a parties’ issues outside of Court. The process is less complex and formal than Court, and often can be concluded more quickly and less expensively. Instead of a judge or a jury, an arbitrator or panel of arbitrators, hears the evidence, then makes a decision and issues an award. Arbitrators in New Jersey are retired superior court judges or attorneys who have at least seven years’ experience in their particular area of the law. They are chosen by the Assignment Judge, based on recommendations from the bar association.

There are standard procedures for arbitration, with both sides being given a chance to present their case, submit evidence, and make arguments. Unlike mediation, arbitration is an adversarial process with the parties working against each other. The arbitrator decides who is right and who is wrong and does not attempt to find a middle ground in order to make both parties happy. The arbitrator’s decision is non-binding, meaning if a party is unhappy with the decision, they may reject the award and choose to go to Court.

For more information about arbitration procedure and requirements in the state of New Jersey, visit the arbitration section of the New Jersey Courts’ website at http://www.judiciary.state.nj.us/civil/arbipoli.htm

 For further details visit Hudson County Personal Injury Attorneys or wants an appointment contact Bergen County Personal Injury Lawyer here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

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Why hire Hudson County personal injury attorneys?

Why should an accused hire a New Jersey auto accident attorney?

Auto accidents have become pretty much common now a days and it is due to the extremely busy traffic, that sometimes even the automobile drivers fail to understand when they are going to meet an accident, even without making a fault themselves. There are many such cases in New Jersey, in which the accused people have been found to be innocent and that the victim has failed to understand that it was because of his or her fault or due to nobody’s fault at all that the accident has occurred. It therefore often becomes extremely difficult for the accused to prove him or her innocent and escape from the charges that have been slammed against him or her. This is where a New Jersey auto accident attorney can prove to be of immense help and mentioned below are some reasons which can support the claim that hiring an New Jersey auto accident attorney for fighting an auto accident case a must do thing for the accused.

Fight off proofs

Losing out a hefty sum of money and getting other types of punishments for an auto accident case is a pretty simple thing and nothing is worse than not being able to fight off the proofs that are presented by the victim and his or her family, in spite of being innocent. This is one of the most important reasons why hiring a New Jersey auto accident attorney is a must do thing. An attorney can certainly help in this regard, as it is only an experienced and expert auto accident attorney who can help nullify the proofs collected by the other party and move the case in favor of accused.

Bring out reality

It is extremely easy to get penalized in an auto accident case, thanks to the video footage that gets recorded in the roads. However; a video footage may not be able to present the entire truth, because it may not be present in the direction of the car or automobile when it caused the accident. Although a video footage may show that the accident happened with the accused automobile and its driver, it may not point out whose fault, i.e., the driver’s or the victim’s fault caused the accident. It is in such instances that the accused despite being innocent may get penalized for the crime that he or she hasn't at all done. It is only possible for a New Jersey auto accident attorney to investigate the reality and bring out the truth in front of the court of law. 

For further details visit New Jersey Personal Injury Lawyer or wants an appointment contact Bergen County Personal Injury Attorney here:Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

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All about personal injury New Jersey accident claims

Reasons: why is a personal injury New Jersey lawyer essential?

Things have become a lot tougher and unsafe now-a-days. People from every spheres of life are getting exposed to potential dangers every day and nothing can be guaranteed about accidents and mishaps, whether those are intentional or unintentional. However; the good thing is that personal injury New Jersey cases can now be brought under the notification of the judiciary, which in turn is allowing the wronged and victimized people to get some mental and monetary satisfactions. People who become the victims of these cases become temporarily or permanently disable to join their services, as a result of which they often have to incur heavy losses due to some other responsible person or organization. Whether being unintentional or intentional, personal injury cases are always punishable, as these cases deal with the harm and loss inflicted upon one person by another person.

What is a personal injury case?

Personal injury cases are all those cases which are concerned with a person who has been wronged or harmed physically or mentally due to some other institute or person. While these cases may appear pretty much like simple accidental cases, these are in fact more serious as these unfortunate turn of events emerge due to the negligence of a second or third party, which is why the personal injury New Jersey cases are punishable cases.

What happens after the accident?

Once a person has met with an accident re-purposed by a second or third party, he or she must apply for a lawsuit against the person who is held responsible for the accident. Personal injury New Jersey cases are civil cases, in which the accidents have been found to occur due to the negligence’s of the responsible party. Once the lawsuit is filed, a personal injury case is pushed to the court and after proper investigation, the victim is compensated and the accused is penalized, in most cases monetarily. However, it is not the penalized person who pays for the compensation, but their insurance company. This is the reason why an insurance company always tries to bring down the amount of compensation and tries to pay as less as possible. A personal injury New Jersey lawyer can help in such cases.

How a lawyer helps?

A lawyer, who is an expert of personal injury cases, can effectively deal with the complications of these cases like bargaining with the insurance company, helping the victim or his or her family fined the proofs associated with the case, tackling the tricky situations to help the victim win and making him or her aware of their legal rights.

For further details visit New Jersey Personal Injury Lawyer or wants an appointment contact Bergen County Personal Injury Attorney here:Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

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All about personal injury New Jersey accident claims

Expungement of criminal records in New Jersey

Whether the accused is a convicted offender or was just arrested for a certain accusation but has not been found guilty, the state law of New Jersey allows expungment of all sorts of criminal records, so as to allow a person to live a normal life after he or she has faced legal proceedings and procedures. The ground of expungement or the time limit required for the expungement may vary depending on the type of crime the person has been involved in or depending on whether the person was convicted for the crime. This article explains the process and grounds on which expungement of criminal records according to the clauses of criminal law New Jersey can be opted for.

What is expungement?

Expungement of legal records is termed as an act in which a court of law provides the approval for the deletion, sealing or destruction of all records that were maintained in legal institutes with regard to a person’s case. The files are destroyed ion such a manner that the it seems that the proceedings never occurred with association of the person. Expungement maybe allowed or denied by a court of law and the decision for which is dependent on whether that would be in public interest. It also depends on whether the person who has filed a petition for expungement was convicted or released on terms of being not-guilty.

Expungement for not convicted accused

Many people have to face legal charges, despite the fact that they actually haven’t committed any crime for which they were being booked. Expungment of criminal records in these cases of criminal law New Jersey is the best option. People who have been acquitted by the court on grounds of no proven guilt or against whom the proceedings have been dismissed can easily apply for expungement of their case records. In this case, the accused has to wait for at least 6 months in order to get their legal records expunged.

Expungment for convicts

According to the criminal law New Jersey, expungement of criminal records of convicted criminals can only be allowed when the person has waited for a certain period of time and has not been booked for any more rule violations or criminal activities. For example, convicts of indictable offenses are required to wait at least for a period of 10 years after they finish their term and are released by the jail, but they can also apply for expungement after 5 years and get that approved by the court of law if they court finds that the expungement would not be against any public interest.

For further details visit New Jersey Criminal Defense Attorney or wants an appointment contact Bergen County NJ Expungement Lawyer here: Law Offices of Jeffrey S. Hasson, P.C.
320 Cedar Lane Teaneck, NJ 07666

Call us today! (201) 530-6272

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Criminal Law for Assault in New Jersey

Get expert help with a Charlotte accident lawyer.

Accidents are unpredictable and the risk of losing one’s life or getting hurt in the rumbling of daily life is something that has become pretty much inevitable and obvious in now a days. However; the good thing is that the victim of an accident can file a case against an accused person or organization deemed responsible for the accident and demand a compensation from him or her. Ranging from meeting with an accident in work place to road accidents, any types of accidents leading to personal injury, can be easily put up in a Charlotte court of law and contested. However; there are obviously some challenges associated with such a case and it is simply impossible to even make such a case stand in a court of law without the help of an experienced accident lawyer. Mentioned below are some of the ways in which an expert Charlotte accident lawyer can help a victim or his or her family to win the case against a personal injury accident case.

Proof collection

 Winning an accident case in Charlotte is not as easy as just filing a case and putting it in front of a court and winning it. There are several challenges involved in winning such a case and one of the biggest hurdles is to arrange for and collect substantial proofs for supporting the case. There is simply no meaning of filing and fighting an accident case in Charlotte without proofs and a court of law will automatically dismiss the case in no time if the victim fails to produce any substantial proofs to support his or her accusation against a certain person and organization. Sometimes even the accused may intentionally tamper with the proofs to make himself or herself appear innocent. These things are not possible for the victim or his or her family to care of and this is where a Charlotte accident lawyer can help a victim to win his or her case.

Presentation of case

 Just knowing about the clauses of accident law doesn't make a person capable of fighting a legal case in a court, not just because he or she is not empowered for that but also because he or she will not be able to present the case in a right manner and negotiate the compensation with the lawyer of the accused. It is possible only for a Charlotte accident lawyer to present the case in a proper manner and bargain the best compensation in favor of the victim. Hence, hiring a Charlotte accident lawyer is the best bet. 

For further details visit Charlotte Accident Lawyer or wants an appointment contact Charlotte Auto Accident Attorney here: 118 South Colonial Ave. Charlotte, North Carolina 28207

Phone: 704-754-8098

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All about personal injury New Jersey accident claims

Why hire Hudson County personal injury attorneys?

Personal injury cases are abundant now a day and people from all spheres of life are experiencing troubles. Having to work in such challenging environments where every person is running after time, people are getting more prone to get hurt. This is the reason why despite the availability of so many services and technologies, we still hear cases of people getting hurt in roads and their offices. While accidents and personal injuries are unstoppable and it is simply not possible to stop the consequences, the best we can do to help ourselves and our families is to file a law suit for a person injury case and it is the Hudson County personal injury attorneys, who can actually help people get their message conveyed to the court of law and secure the compensation that they deserve. Mentioned below are some of the benefits of hiring a personal injury attorney in Hudson County.

File lawsuit

Filing a law suit in a court of law is not at all an easy task and it is simply not possible for the victim or the family of the victim to take an onus of filing a lawsuit upon them in such a situation. It is in such a case that Hudson County personal injury attorneys can extend their help to the victim and his or her family by filing the case in the court of law on their behalf and doing the required things to initiate and continue the law suit. Since the task is not easy and desirable, the attorney being a regular in court of laws can easily take the case to the court and also save the client from the hassles of attending a court.

Successfully handle a case

While personal injury cases seem like these are pretty straight forward and any person who will go about and complain in the court of law will win a compensation amount for the damage that has been caused to them, these cases are not at all that easy and may even end up making the complainant pay compensation for marring the name of the person against whom the charges have been filed. It is therefore extremely important for the complainant to hire Hudson County personal injury attorneys and frame the case in such a manner so that the actual case can be put forward the court of law and win it. Many a times, courts do not agree to provide the compensation to the complainant and demand string proofs that the damage that has been inflicted upon them is actually caused by the person upon whom the charges are framed. Hudson County personal injury attorneys are experts in handling such cases as these people know how to put forward facts and present those to the court in order to make those count and to win the case.

 For further details visit Hudson County Personal Injury Attorneys or wants an appointment contact Bergen County Personal Injury Lawyer here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

Call us today! (201) 530-6272

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Accidents - Types That Fall Under Personal Injury New Jersey Cases

Dos and Dont’s of a high net worth divorce

Divorce is a mentally and physically draining or eroding phenomenon, which can lead a man or woman to complete disaster, especially when the couple has issues from the marriage. However, a divorce case is also very financially exhaustive, as either of the spouses is provided with the responsibility to compensate for the loss and to help the other spouse live a comfortable and sanitary lifestyle. However, these are occasionally not the associated problems with high net worth divorce cases, as both the husband and the wife remain in a financially strong position and do not really feel the heat in paying alimony. However, there are still a lot of struggles and hassles associated with these types of high value divorces as both the parties must be ready with their own preparations and home works in order to bring the judgment to their favor. Here are a few dos and dont’s for every high net worth family law New Jersey divorce.

Dos:

 Asses’ marital asset value:

While millionaires and billionaires have lots to spend, most of them don’t have the hard cash or liquid assets available with them. Most of these rich individuals have multiple income options and their assets or money always remain invested in the market. Apart from that, it is also extremely difficult to analyze the actual worth of every asset hence, it is important to inform the lawyer about the real worth of every asset, so that the lawyer can formulate a strategy to finish of the case by securing the maximum benefits for their clients in a family law New Jersey divorce case.

Dissolve amicably:

One of the best ways to dissolve a high profile marriage is to opt for collaborative divorce, types of family law New Jersey divorce, in which the couples come to terms with each other outside a court and the divorce is commenced with the help of a divorce lawyer only. The advantage of getting separated in this manner is that high profile won’t have to drag them to the court and come under media scrutiny and will also be able to save considerably on their precious time.

Don’ts:

  Forget to hire a lawyer:

No matter how powerful the spouses are, it is always advisable to hire a lawyer for the family law New Jersey divorce case that has been filed. An expert lawyer will be able to provide the client with many useful assets and will be able to take out the case from a tricky situation that a rich person will not be able to handle him or herself.

 For further details visit Connecticut Divorce Lawyer or wants an appointment contact Connecticut High Net Worth Divorce Lawyer here: Cappalli & Hill, LLC. 325 Highland Ave. Cheshire, CT 06410

Call us today! (201) 530-6272

Speeding in New Jersey

Speeding is a type of traffic violation in New Jersey and people often fall prey to this law even when they were slightly above the speed limit. New Jersey being extremely serious about its rules and laws, also takes traffic violations into very serious consideration and a person found guilty of such a violation may even end up losing his driving license forever. This is a serious take on one’s life and is enough to change his or her life for ever. However; the good news is that traffic violations are not often put up for trial, especially the ones which are just associated with speeding. Hence; there are always remains a chance of escaping the high points with proper negotiation and behavior with the authorities.

Basics of speeding in New Jersey:

The basic laws of speeding in New Jersey are dependent on the allowed speed over the speed limit. For instance the speed limit ion business areas is 35 mph and that on state highways is 50 mph. If a driver is found driving 1-14 mph over the speed limit, the police then imposes a two points on the person. On the contrary, if the driver is found driving at 15-29 mph over the speed limit, he or she is subjected to a fine of four points and the driver is a 5 point on exceeding the speed limit with a speed of 29 mph over the speed limit. These points keep on adding every time the same driver commits any traffic violations and ultimately the driver ends up getting his or her driving license suspended upon collecting a point of 12 or more.

Penalties for speeding in New Jersey:

With every traffic violations, the driver gets a traffic ticket for the same and with every ticket, the driver’s points keep on adding. As the driver accumulates 12 points or above, the driver ends up losing his or her driving license. Apart from that, the driver is also made to pay a fine and may also have to pay higher for his or her insurance. However, for every ticket, the driver or the accused person has to attend the court for a trial, wherein he or she is provided with a verdict about the increase in his or her’s insurance amount and also about the status of his or her driving license. A lawyer practicing for traffic laws in New Jersey can help a person to fight the traffic tickets and reduce their points either by negotiation or some other expert process. 

For Further details Visit: Monmouth County Traffic Violations Lawyer or contact Middlesex County Traffic Violations Lawyer in New Jersey here:  The Law Office of Marc B. Schram, P.C. Airport Plaza, 1390 State Route 36, Suite 101, Hazlet, NJ 07730. Phone: (732) 888.4400

All about personal injury New Jersey accident claims

It is due to the tremendous popularity of personal injury New Jersey cases that more and more people are showing interest to gain knowledge about these cases, so that they can too stay away from the dangers of these life threatening occurrences. However; it is also important to know about personal injuries first, prior to gaining information about personal injury accident claims. Failing which, the person will most likely fail to understand whether they are at all eligible for these types of cases and even if they are, what exactly is their position and chances of winning the case.

What is a personal injury case?

A personal injury New Jersey case is a type of legal case where in a person who has met with an accident caused due to some other person and has been injured mentally or physically due to the accident. These types of accidents may be either intentional or unintentional and may be caused either by a single person, a group of people or some organization. Ranging from meeting with an accident in work place to facing a road accident, every types of accidents which occur as a result of other peoples’ negligence are covered by personal injury New Jersey accident claims.

However, the amount that is settled upon for a particular case may vary, depending on the level of harm that has been caused and the type of personal injury that has been inflicted.

Common types of personal injury claims

The three most common instances in which people claim compensation for the lost they incurred are medical malpractices, road or vehicle accidents and work place accidents.

Medical malpractices

Medical malpractices are used to refer to incidences in which a person is met with a physical or mental loss due to the negligence or inadequacy of the health care practitioner or the health care institute in which the procedure or treatment has been conducted. Some of the most common incidences in which medical practices are brought under the scrutiny or trial are wronged death or wronged physical or mental injuries, wrong prescription of medications, negligence in treatment etc. Personal injury New Jersey claims can be successfully filed against these cases.

Road or vehicle accidents

This is in fact one of the most common types of reasons that stir personal injury New Jersey claims. This reason generally deals with incidences like death, any mental or physical injury like amputation etc that are inflicted by ill-maintained vehicles and negligent vehicle owners and the driver. For instance, a driver who has caused an accident due to overloading the vehicle despite being aware of the load limitations is a case of intentional negligent personal injury New Jersey case. 

For further details visit New Jersey Personal Injury Attorney or wants an appointment contact Bergen County Personal Injury Lawyer here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

Call us today! (201) 530-6272