For sage prenuptial advice in Sussex, Morris, Passaic and Warren Counties in New Jersey, contact the dedicated family law and divorce attorneys at Hollander, Strelzik, Pasculli, Hinkes, Vandenberg & Hontz, L.L.C.
Child Support
New Jersey’s new prenup laws apply only to agreements signed after the laws went into effect. Full and fair disclosure is still required. However, prenups cannot stipulate child support payments or custody ― Family Court determines this based on the children’s best interests.
Child Custody and Visitation
Later, once the case goes to court, there are more questions to resolve, specifically about important issues like property division and child custody. In both of these situations, you have important legal and financial rights, but without an experienced and skillful advocate on your side, your rights may be overlooked in favor of some vague greater good.
Adoption
While home studies are mandatory in almost all family adoptions, they are normally unnecessary in stepparent adoptions because the child is usually already living with the stepparent. Many families take this step for emotional reasons because it unites the new family and also provides stability. Without an adoption, if something happens to the biological parent, the stepparent would have no legal parental rights to the stepchild.
Premarital Agreement
These days, prenuptial agreements are not only for the likes of Hollywood celebrities. They provide spouses at all income levels with financial and other protections. Enforcing New Jersey prenups is easier now, thanks to changes in state laws. It is no longer possible to overturn prenups based on their being unconscionable, either when the agreement was entered into or when it was meant to be enforced.
Guardianship
Spousal Support
Following a divorce, one partner may be required to pay their former spouse a form of financial assistance known as alimony. Under U.S. law, most notably the 1979 Supreme Court case of Orr v. Orr, alimony is gender neutral. Depending on the unique financial circumstances of each case, either a husband or a wife may potentially be entitled to receive, or ordered to pay, alimony.
Legal Separation
A limited divorce, which is much like legal separation in some other states, allows the spouses to make some ground rules that enable them to live apart while keeping the marriage itself intact. One of the other advantages of a “divorce from bed and board” is that it gives the spouses time to think about the future and consider if they really do want a divorce.
If you have been arrested in northern New Jersey, you are likely left feeling intimidated, confused and stressed out. Further, you may have many unanswered questions. Sadly, our legal system does not always provide helpful guidance to defendants. Fortunately, our Sussex County criminal defense lawyers are standing by, ready to help. If you were charged with a misdemeanor or felony crime in New Jersey, you need to take action today. Please get your case into the hands of a qualified lawyer who can help to protect your legal rights.
DUI/DWI
Many people in Morris, Passaic, Sussex and Warren Counties know someone who has been convicted of driving under the influence (DUI). This makes DUI different from most other types of crimes and also leads many to underestimate the seriousness of the charge. However, DUI is, in fact, a very serious offense that can have a lasting effect on your life. Facing these consequences alone, without legal counsel, is a big risk. As part of our 50-year commitment to providing the most commonly needed legal services to your friends and neighbors in Newton, our team at Hollander, Strelzik, Pasculli, Hinkes, Vandenberg & Hontz, L.L.C. has represented individuals in DUI prosecutions and related matters throughout northwestern New Jersey.
Traffic Violations
Breach: Violation of legal duty is a fact issue for the jury, as not all lapses constitute negligence. For example, rolling down a window technically constitutes distracted driving and driving 1mph over the limit is technically speeding, but most jurors would not say that these drivers breached the duty of care.
Sex Crimes
Most restraining orders involve allegations of either assaultive or harassing conduct between family members. Assaultive conduct includes battery, homicide, burglary, sexual assault, and other offenses that involve either bodily injury or the imminent threat of bodily injury. The alleged victim does not need to have a experienced physical injury to obtain a restraining order, but such cases are easier to prove at the second stage.
Burglary
Misdemeanors
Alleged victims of domestic violence can give copies of the order to a school or daycare, providing notice that the alleged abusers are not allowed contact with the children. Violation of a temporary restraining order is either a misdemeanor or felony, depending on the severity of the offense.
Assault
Murder
Harassing conduct includes stalking, criminal trespass, telephone harassment, criminal mischief, and other offenses that are alarming and threatening, but do not include the same immediate threat as an assault or murder. Typically, a judge wants to see a pattern of such conduct from a person before issuing a restraining order against him or her.
Homicide
Restraining Order
Anyone can make an application for an ex parte temporary restraining order. Since the other side is almost never present in court, the judge almost always grants these orders, which can include a number of provisions, such as...
Business formation — Choosing the right type of business formation for your new enterprise is an important decision. There are various types of businesses available under New Jersey business law, and the type you choose can influence your tax position, liability exposure, management structure and ability to raise capital. Our attorneys can review your business plan to determine the type of structure that would be the most appropriate.
Business Disputes
For nearly 50 years, businesses throughout the Newton, NJ area have trusted Hollander, Strelzik, Pasculli, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C. to provide the experience and knowledge needed to manage these issues. You can count on our business law attorneys to know your business and to be available to provide thorough counsel and practical solutions for all your legal needs.
Zoning & variances — We advise owners and developers at all stages of the development process from application, to dealing with state, local and federal agencies, to obtaining approvals, variances and settling boundary disputes.
Land Use and Zoning
While purchasing commercial or residential property can be a very profitable move, it can also open up a range of legal issues. Land use issues, codes, and maintenance and landlord/tenant matters can pop up frequently and consume a great deal of your time. That is why property owners in Warren and Sussex Counties can benefit from having reliable legal counsel readily available when these issues arise. At the law firm of Hollander, Strelzik, Pasculli, Hinkes, Vandenberg & Hontz, L.L.C., we have advised property owners in northwestern New Jersey for decades regarding all types of land use issues. Our attorneys help you work with government regulators, neighboring property owners and tenants to resolve real estate issues quickly and effectively.
Landlord-Tenant Disputes
Commercial litigation — For almost 50 years, we have been committed to successfully solving your commercial litigation matters. From contract disputes, corporate compliance issues, commercial collections, to commercial landlord and tenant disputes and tax and finance issues, our seasoned litigators are prepared to resolve your commercial litigation case so that you can focus on your business.
Similarly, a motor vehicle collision or other personal injury can be quite traumatic in more ways that one. While the injured victim is hurt and unable to work, unpaid bills pile up, the insurance company calls almost constantly offering to settle the case, and the persistent pain and suffering robs victims of the enjoyment he or she once found in everyday activities. Compensation is available in these cases, as well, but no one will just give you anything. You have to take it.
Medical Malpractice
Duty: In most cases, the legal responsibility is that of a reasonable person under the circumstances. For example, reasonable drivers obey the speed limit, are sober, focus on driving, and so on. In some cases, most notably those involving truck drivers, Uber drivers, and bus drivers, a higher duty of care applies. In non-motor vehicle cases, such as medical malpractice and landowner liability, the industry standard usually determines the duty of care.
Medicaid Planning
Medicaid Planning: People are living longer, so long-term care is more of a possibility. If that time comes, many families depend on Medicaid to cover these costs so that they do not have to pay them out of pocket. Even if the family has significant financial assets, that vision may still be possible, if an attorney executes a thoughtful plan far enough in advance.
Dog Bites
In contrast, the civil court system is the proper forum for nearly all personal injury claims, such as vehicle collisions, dog bites, and medical malpractice. While victims must establish negligence (fault) in civil court, the tradeoff is that victims are also entitled to additional compensation for their noneconomic damages, such as loss of enjoyment in life, pain and suffering, loss of consortium (companionship), and emotional distress.
Many people work their entire lives to build a financial legacy to pass onto their heirs, provide security for their loved ones in the immediate wake of their deaths, and accomplish other goals. Wills, trusts, and estate planning lawyers in Sussex County can give people the legal tools they need to meet these objectives. Furthermore, by making important decisions in advance, clients obtain additional peace of mind.
Wills
Wills and Trusts: These documents are the foundation of a comprehensive estate plan. A will memorializes your wishes as to inheritance, succession, and other such matters. It is imperative that this document be tailored to your specifications and properly executed. A trust allows individuals to change the legal ownership of their assets. This adjustment often has significant benefits in terms of taxation and probate.
Trusts
There are several specific types of trusts available, including spendthrift trusts that place limits on distributions to beneficiaries and special needs trusts that provide funds to beneficiaries without compromising their ability to receive certain government benefits.
Power of Attorney
Elder law in Sussex County is often a combination of science and art. Wills and trust are the science, and estate planning is the art. It is not enough to draft these documents because a New Jersey estate planning attorney must put these documents into motion according to the person’s specific needs. Additional documents may be required, as well, such as a durable power of attorney.
When choosing a bankruptcy law firm, you have to be very careful. This area of practice is often saturated with “bankruptcy mills” and other services that make unrealistic promises about the results they can deliver and then devote only minimal attention to your case. Bankruptcy is a complex area of law for which competent and reliable representation is crucial. After nearly 50 years of serving the Sussex and Warren County communities from our offices on the square in Newton, Hollander, Strelzik, Pasculli, Hinkes, Vandenberg & Hontz, L.L.C. is well-suited to provide the personal service and thorough counsel you need to confront your financial issues through the bankruptcy process.
Tax Law
Tax appeals — We represent clients in residential and commercial property tax appeals. Our property tax attorneys will negotiate on you behalf for a reduction, and if a settlement cannot be reached we are prepared to take your case to trial.