NJ Palimony Claims

In order to win a palimony claim in New Jersey, you must have a written agreement evidencing the intent of the supporting party to continue to support the supported party after the termination or the relationship or on the death of the supporting spouse. Previously the parties were permitted to prove the intent to support by evidence of their lifestyle, including holding themselves out to the public as husband and wife. In Cavalli vs. Arena, the NJ Court decided, in January 2012, even if a parties' relationship began prior to the amendment of the statute, in 2010, they must still have a written agreement if support is intended in order to win a palimony suit by the supported party against the supporting party or the supporting party's estate. Prior to this holding, it was unclear as to whether the statute would apply to relationships beginning before the 2010 statute change. If you are in a long-term, non-marital relationship in which you intend to support your partner or anticipate the support of your partner, you should insure there is a written agreement in place evidencing your intent. You should have the assistance of an experienced family law attorney to assist you with this agreement in order to insure you comply with the statutory requirements. If you have an agreement, you should consult your family law attorney on a regular basis to insure there have been no statutory changes which would render your agreement invalid. For more information on palimony, alimony, dissolution of a marriage or civil union or other family and matrimonial matters in New Jersey visit HeatherDarlingLawyer.com.

Increase in Scope of DNA Samples in NJ

On June 14, 2012, the New Jersey State Legislature adopted a bill proposed by Senators Nicholas Sacco, representing Bergen and Hudson counties, and Paul Sarno, representing Bergen and Passaic counties which expands the collection of DNA to include samples from disorderly persons. Previously a person needed to be convicted or found not guilty by reason of insanity of a crime and arrested for certain violent crimes. The bill also includes the collection of DNA from juveniles found delinquent or not delinquent by reason of insanity for acts, which if committed by an adult, would constitute a crime or offense and by every juvenile arrested for certain violent crimes. The Legislature based the changes on the minimal intrusion into an individual's privacy interest and compelling governmental interests in enhancing the State's ability to positively identify an offenders, determine whether an offender committed other offenses and establish a positive identification in the event the offender becomes a fugitive. Further, the Legislature likens the "minimal intrusion" of taking DNA to fingerprinting. For more information on criminal law in NJ visit HeatherDarlingLawyer.com.

Annulment of Marriage or Civil Union in NJ

Legislation is being considered in the NJ Assembly offering an abbreviated annulment option for NJ couples. If this legislation becomes law, either party to a marriage or civil union in NJ may receive an annulment without stating any cause as long as the annulment is demanded within 30 days of the ceremony. NJ 2A:34-1 is the statute controlling causes for judgments of nullity. The proposed change for married couples includes a cause for nullity if "either party demands such a judgment and less than 30 days have passed from the date of the marriage ceremony." The proposed change for same-sex couples includes a cause for nullity if "either party demands such a judgment and less than 30 days have passed from the date of the civil union ceremony." Although not yet passed, this law would offer the opportunity to quickly remedy what is quickly determined by either party to be a mistake. For more information on divorce, civil union dissolution, alimony and support, child custody or other family law matters in New Jersey visit HeatherDarlingLawyer.com.

Modifying Visitation in NJ

Visitation, when decided by the court, is often not what one, or both, parties want it to be. Often there are orders relating to supervised visitation or no overnights which are distressing for the parent who does not get to spend time with his or her children. Alternatively, there is often generous parenting time granted to a parent who is unable to adequately care for the children. Returning to court on a motion for modification, either Pendente Lite or post-judgment, is your legal option for changing an onerous visitation or custody situation. When making a petition for change, you will need to show what has changed since the original order was entered which would prove to a judge that such a change was warranted and in the best interest of the children. Alternatively, you may offer information demonstrating to the judge why the original decision as to visitation or custody was inappropriate. In either event, there is a high standard of proof because the court always seeks stability in the children's lives. Due to the high burden you will have to meet to establish a change, you should always have experienced legal counsel at your side when appearing in court for matters relating to your children. For more information on child custody, parenting time, support, divorce, civil union dissolution or other family law matters visit HeatherDarlingLawyer.com.

Same-Sex Unions and DOMA in NJ

Although New Jersey has been the focal point of same-sex marriage issues this month, it is worth discussing changes in the laws of other states which may ultimately bear on NJ. Last week the federal appellate court for the first circuit held the federal Defense of Marriage Act violates the Constitution through the denial of federal benefits to same-sex couples legally married under state laws. Although NJ has progressed only to civil unions, rather than marriage, for same-sex couples, NJ does recognize same-sex marriages from other states and does afford some of the benefits of marriage to same-sex couples. This first circuit appellate case, heard in Boston, pertained to same-sex marriage under Massachusetts law. It is anticipated that there will now be a petition to the Supreme Court to hear the case. For more information on civil unions, domestic partnerships, dissolution, support, child custody or child support visit HeatherDarlingLawyer.com.

Warrantless Search and Seizure in NJ Apartment

Defendant was convicted of possession of cocaine; receiving stolen property, a handgun; and second-degree unlawful possession of the stolen handgun when police conducted a warrantless search of his bedroom. Newark detectives appeared at defendant's suspected address in Essex County. Police claim to have knocked, entered with the permission of defendant's mother and entered defendant's bedroom only upon their belief that defendant was inside the bedroom and dangerous due to the handgun in his possession. Defendant's mother claims that 8-9 officers entered without knocking and started walking around the apartment while asking her questions about her son. Defendant filed a motion to suppress the handgun and cocaine but the court held that the testimony of the detectives was more credible than that of defendant's mother, they had reason to believe defendant was in the bedroom, they knew he could be armed and dangerous and these exigent circumstances gave rise to the ability to enter the bedroom without a warrant. If you were the subject of a warrantless search and seizure, contact an experienced criminal defense attorney immediately to protect your rights. For more information on search and seizure or other criminal law matters in New Jersey contact HeatherDarlingLawyer.com.

Arrest and Automobile Search in NJ

A warrantless search occurring following the arrest of a motor vehicle driver is not to be limitless. It is to be limited to the person and the surroundings within their immediate reach, such as under the driver's seat when the driver is arrested. The reason for permission to search the limited area is to locate weapons that might be used to harm officers and to prevent destruction of evidence such as CDS or evidence of a crime. What this means is once the arrestee is away from the vehicle, the exception no longer applies because they cannot access weapons or evidence from the vehicle. Where there are a limited number of officers and the arrestee has not yet been secured in a way to prevent access to the vehicle, this limited search may still be undertaken. However, entering other areas of the vehicle, such as the back seat, are not permissible under the exigent circumstances exemption to the search warrant requirement. Exigent circumstances only apply when the stop is unexpected, the police have probable cause to believe the vehicle contains contraband or evidence of a crime and it is not practical to obtain a warrant. If you have been arrested as a result of evidence obtained from a warrantless search of a motor vehicle you should contact an experienced criminal defense attorney immediately to find out if your rights have been violated and the evidence against you must be discarded. For more information on search and seizure, CDS in a motor vehicle or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

Going Outside the NJ Child Support Guidelines

The New Jersey court, in Musico vs. Musico, recently held individuals choosing to pay more than what is required under the child support guidelines are held to a different standard. In the event the parties agree to pay more than required and a post-judgment change of circumstances occurs which would typically permit a modification of support, the standard child support guidelines will be applied. However, the court will then factor in the parties' agreement regarding the payment of an additional amount as an additional equitable factor. In spite of substantial change in the parties' post-divorce circumstances, the obligor may be required to continue paying an amount above that dictated by the child support guidelines. If you are involved in a family law matter, whether it pertains to child support, custody, divorce, alimony, equitable distribution, motion to enforce litigant's rights or post-judgment matters you should always consult with an experienced matrimonial attorney. A lawyer experienced in family law will explain to you the likely outcome in your matter in the event it is decided by a judge so that you can make an informed decision as to whether any agreement the parties are considering is fair. For more information on divorce or civil union dissolution in NJ visit HeatherDarlingLawyer.com.

Suppression of Evidence from Illegal Search of a Passenger in NJ

Prior to a motor vehicle stop, the police received a telephone call regarding individuals fighting in the car and an individual fitting the description of the defendant was said to be in possession of a handgun. The police located and stopped the vehicle then questioned the driver away from the vehicle. After some discussion, police sought the driver's consent to search the vehicle and the police claim consent was knowingly and voluntarily given. Defendant's bag was searched by the East Orange police in conjunction with a search of the vehicle with the driver's verbal consent, it should be noted that no written consent form was provided at trial. Inside of defendant's bag, the police found a handgun, marijuana and a scale. The Essex County Superior Court held that the prosecution could not show the driver's consent to search was voluntary. The court also held that even if the consent was voluntary, there is no showing that the driver's consent to search the vehicle gave rise to the ability of the police to search the passenger's bag which was seen by the police to be only in the possession of the passenger, not the driver. Last, the court held that, in spite of the individual reporting the distress in the vehicle indicating defendant was in possession of a handgun, there were no exigent circumstances permitting an exception to the warrant requirement. If you were subject to a search by police, even if they obtained a warrant, and were charged with a crime based on evidence or information discovered during the search you should contact an experienced criminal defense attorney immediately to protect your rights. For more information on criminal law in New Jersey visit HeatherDarlingLawyer.com.