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November 2016 Archives

State v. Gonzales

Copy-of-Fotolia_80752093_L-768x512.jpgIn State v. Gonzales, 2016 WL 6695872, the New Jersey Supreme Court addressed the scope of the plain view exception to the warrant requirement. The defendant was observed engaging in what was believed to be a drug transaction, after which the police conducted a lawful motor-vehicle stop, and the officer observed what he identified as bricks of heroin spilled on the floor of the car. The trial court denied the defendant's motion to suppress the heroin, determining that the seizure fell squarely within the three-part standard governing the plain view exception to the warrant requirement which requires that the police officer be lawfully in the area where the evidence is observed, it is immediately apparent that the items are evidence of a crime or contraband, and the discovery is inadvertent. The Appellate Division reversed, holding that the discovery was not inadvertent because the officers expected to find the drugs in the car.

Divorce and the Marital Home

fotolia_68636009.jpgThere are many decisions to make as part of your final divorce agreement. One may be the disposition of the marital home. Sometimes the marital home is a couple's largest asset or liability in a divorce. New Jersey is an "equitable distribution" state, which means that courts will divide marital property equitably, though not necessarily equally. There are various ways to equitably distribute the family home. For example,

International Child Abduction

Fotolia_55224559_L-768x432.jpgInternational child abduction can be an especially challenging situation for a primary custodial parent due to the complexity and cost of finding a noncustodial parent and child overseas and coordinating with international court systems. International abduction can occur in the course of custody disputes when one parent takes a child to another country and does not return. The Department of State has a program to help prevent international child abduction.

Enforcing and Modifying Family Court Orders

Fotolia_66207422_XS.jpgIf you have a court order that the other party is violating or there is a change in circumstances and you would like to revise the order, you have a lot to consider. You can file a motion for enforcement or modification. A family attorney can assist you with these by drafting, filing and arguing them. There are a number of areas where enforcements and modifications commonly occur. Motions are often filed to:

Marital Property

lawyer-meeting-sit-down-1.jpgMarital vs. Separate Property

Spousal Support

Copy-of-Fotolia_80752093_L-768x512.jpgDuring and after divorce, one spouse may require financial support - commonly called alimony. The support is intended to allow that spouse to maintain a lifestyle as close as possible to the standard of living during the marriage. Of course, divorce often necessitates the maintenance of separate households and duplicative expenses thereby reducing net disposable income available for support.

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