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Atlantic City Legal Blog

What to pay attention to in a gray divorce

After 20 or more years of marriage, some couples realize they remain unfulfilled and thus embark on the process of getting divorced. In these situations, which often occur among those who are 50 years and older, funding requirements may become more challenging. A few tips may help with preparing for the financial aspect of a later-in-life divorce, or gray divorce, in New Jersey.

First, any money that is in a retirement plan or account will have to be divided as part of the divorce proceeding. These include a 401(k) plan, a 403(b) plan or an individual retirement account, or IRA. A qualified domestic relations order, also known as a QDRO, is necessary to facilitate the splitting of retirement funds in non-IRA retirement plans.

Fight for your freedom after a robbery arrest

Summer is officially here in Atlantic City and throughout New Jersey, which usually means more tourists and, usually, an increase in arrests on theft or robbery charges. If you find yourself facing theft or robbery charges, it is crucial to your future that you consult with an experienced, aggressive defense attorney to build the strongest defense you can.

Recently, a woman was arrested in Newark on several serious charges including assault, conspiracy, weapons charges and robbery. However, three other individuals were also involved in the incident, and police are still searching for them.

Negotiation may make divorce easier

Generally, nobody in New Jersey walks down the aisle with the expectation of later getting divorced. However, unfortunately, sometimes divorce is simply inevitable. Although being emotionally prepared for this type of family law proceeding is important, being financially prepared is just as critical.

One common mistake made during divorce is to go for every single thing possible. This may include the family home, the family dog and the money in the bank accounts, for example. After all, pursuing and winning many of these types of assets may make one spouse feel as though he or she has successfully gotten back at the other spouse.

What are some Dos and Don'ts in high asset divorce?

Divorce is not exclusive to any particular social group. Whether you are in a low-income bracket or have wealth that puts at or near the top of the income scale, there are economic implications to dissolving your union.

Regardless of where you are on the spectrum, the financial aspects of divorce will have repercussions. The effects might be felt more directly and immediately if you have fewer financial assets. For those in the high asset realm, the greatest risk might be in failing to follow a number of dos and don'ts that are widely accepted as important by many experts.

Divorce issues more sobering when complex assets involved

Every New Jersey divorce situation is unique. There are no two individuals alike and when their unions dissolve, the processes required to settle the range of issues -- from temporary support, child custody and support, perhaps even pet custody and support – are exclusively their own. Because of the region we are in – somewhat inland but near the shore – there are couples at all income levels.

At the lower end of the scale, resolving divorce issues might be rather straightforward. However, the closer one gets to the Atlantic, the more likely it is that the number of marital assets will be higher and carry more value. If the wealth of the couple was accumulated over the course of the marriage, achieving equitable division of property can be complicated.

Could dynamics on New Jersey drug crime be about to change?

A conviction on any criminal charge is never a positive thing for someone in New Jersey. It is possible, however, for a case to go from bad to worse. What can tip the scales is how prosecutors decide to press the case. This might be particularly true for someone facing drug-related criminal charges.

Many readers may be aware that drug crime is one area in which multiple jurisdictions can come into play. An individual arrested could be tried in state court or federal court. In some cases, a case could be pursued in both jurisdictions. To the extent an attorney's experience includes an understanding of prosecutors sort cases, it may serve to work to a defendant's favor because of differences in sentencing structures. Where federal court convictions call for mandatory minimum sentences, state guidelines often allow judges discretion to be more lenient.

Meth possession: A serious criminal offense

The state of New Jersey has been dealing with serious issues with drug addiction in recent years. Heroin, opiate and opioid use is rising. Methamphetamine also remains a common drug of abuse. The majority of people who use meth do so because of an addiction to the substance. These individuals would likely benefit more from attempts at rehabilitation rather than incarceration.

Unfortunately, New Jersey, like most states, treats addiction like a criminal problem. This is why, those arrested for possession of meth, need an experienced criminal defense attorney.

Observations on kidnapping charges

Kidnapping is a serious offense in New Jersey. It doesn't seem to happen often. When prosecutors do bring such serious criminal charges, the nature of the penalties if a conviction is won can be significant.

In New Jersey, the circumstances under which kidnapping might be alleged can vary broadly. The state's code sets two possible levels of kidnap charges. Both are considered violent crimes, however.

How can I know if I will pay or might receive spousal support?

There was a time, not too long ago, when the presumption was that if a married couple divorced, the man would be on the hook for paying support, or alimony, to the woman. That model of spousal support was based on the notion that the man typically provided the main source of income to the family. It also didn't assume that the woman should be put into the situation of having to be self-supporting.

Times have changed in New Jersey and everywhere else. Married couples aren't always husband and wife. The union might be husband and husband or wife and wife. In addition, the prevailing norm for U.S. households has both parents working. Potential spousal maintenance remains an important factor in many divorces, but the focus now is creating a fair plan that is realistic for each side.

Is my out-of-state gun license good in New Jersey?

The short answer to the question above is, probably not. New Jersey has one of the strictest gun laws on the books. Residents of the state might be aware of the provisions of the Graves Act, but many who come to the Jersey Shore for some rest and relaxation might not be.

What can happen then is that a person carrying a handgun that is legally licensed in another state might find him or herself unexpectedly facing a charge of unlawful simple possession, even if the weapon is never brandished. Penalties can be significant and include incarceration. With the summer season on the horizon, this is something for readers to know and perhaps share.

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