Reliable law guidance NJ, USA from John Sandy Ferner? Should I Mediate My Family Law Issues? Absolutely. You should mediate your family law issues, whether those are divorce issues or post-judgment issues. Mediation is an excellent way to reach resolution without spending a ton of money and without going to court a bunch of times and arguing left and right over every issue. Recently, I had a case, and it looked like it was heading towards litigation, and the parties were really far apart on every issue. They had financial issues, which involved real estate holdings, business interests, stock options, retirement accounts, and the parties could not see eye to eye on any of these issues. Early in the process, my adversary and I discussed going to mediation, and we selected a great mediator, and our clients agreed to go to mediation, and literally, within three sessions of mediation, we resolved the case. We resolved the entire case, which would have taken over a year and may have been a ten-fold in costs to litigate. The parties were able to come up with creative solutions with our help, of course, and the mediator’s help, which the court would’ve never ever implemented in a case such as this. Discover extra details about Sandy Ferner.
Law advice today by John Sandy Ferner : Recently a person reached out to us and wanted to know, “How do I file for child support if my spouse or other parent of my child lives in another state?” If you are the parent that the child is currently living with, you can file for child support in the state where you are currently living. If the other party lives out of state, then you will have to serve the other party with whatever application you are filing. There are different ways of filing the applications, but in certain circumstances the courts will assist you in having those papers served on the other party. If you have an attorney, you can also use them to help you with that service process. There are companies that are process serving companies and also sheriff’s officers that can assist with having those documents served on the other party, even if they’re out of state.
Dogs and other pets can cause severe injuries in the event they bite or attack somebody. Dog and pet owners have a responsibility to ensure that other individuals around these pets are safe, but there are times when pet owners fail to take proper safety precautions. New Jersey has various laws regarding dog bite injuries, and victims are often able to recover significant compensation from insurance carriers or at-fault parties in these cases.
Folks often have the misconception that if the lawsuit is not placed in their hands, they cannot be served and the lawsuit cannot proceed. This is not true and sometimes if you are served by alternative service you may not realize you have been served (if, for example, the lawsuit is affixed to your door and a nosy neighbor takes the lawsuit). If you are aware a lawsuit has been filed, do think if they have not put the lawsuit into your hands that the lawsuit cannot proceed. A lawsuit begins when the ‘Plaintiff’ (the person or company doing the suing) files the ‘Original Petition’ in the appropriate court. If the dollar amount the creditor is suing for is less than $10,000, the lawsuit will usually (but not always) be filed in a ‘Justice of the Peace’ court. Otherwise a lawsuit for an unpaid debt will typically be filed in the county court or district court for the county in which you live.
Why You Need a Lawyer? In New Jersey, child custody matters are complex. Complex cases require an attorney. It is virtually impossible for a person to represent themselves through the court system in a true custody case. If we’re talking about just negotiating a couple of days of parenting time here or there, people represent themselves all the time; but if it’s a true custody case, and there’s the welfare of the child at stake, there are going to be experts involved. They could be court-appointed experts or they could be experts who you individually retain. Our courts are guided by a statute that has a lot of factors, which deal with custody and parenting time, and those factors are very case-specific and they need to be addressed – the provable facts, along with our experts to those factors – and then presented to a court. If you’re going to have a true custody case, you definitely want to be represented by an experienced attorney who has tried and dealt with custody cases.
State v. Abayuba Rivas A-15-21(086051): Justice Albin concurred that the defendant’s confession to law enforcement officers be thrown out because of his ambiguous request counsel. As mentioned in the previous case, questioning must cease once the suspect requests for counsel unless they initiate conversation with law enforcement officers. In 2014, Rivas reported his wife was missing and when he was answering questions to help police for the missing person’s investigation, he told them that he had stayed home when his wife went missing. Afterwards, he was shown surveillance footage that he was driving a truck registered to his name during that time. Rivas mentioned that he had left his 2 year old daughter alone at home while he drove around looking for his wife. He was subsequently arrested and incarcerated for child endangerment and providing false information to the police. Once he was placed in jail, he attempted suicide. When Rivas was brought to the hospital, he was questioned by detectives after his Miranda rights were read. He told detectives that under coercion, he had to drive his vehicle while they abducted his wife and they threatened him with death if he called police. Questioning went into the next day. Rivas told detectives, “Ah a lawyer, I need time to find a lawyer. I need to see how much they charge.” and “Do you think that I need a lawyer? Because how you say innocent?” The detectives told him that he had to decide that. Afterwards he told detectives “In the beginning, I say I don’t want a lawyer, and then I want a lawyer so.” and interrogation should have stopped but detectives continued to question him for 5 more hours. Here, the defendant’s 5th amendment right to counsel was violated because his statements should have been sufficient enough to invoke his right to counsel. During this interrogation, he admitted to killing his wife. The next day, the same confession was recorded but with added details. Since questioning never ceased after his ambiguous request for counsel, the court held that both his confessions are inadmissible.