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Legal guidance NJ, USA with John Sandy Ferner today? 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. Find additional information at John Sandy Ferner New Jersey, US.

Legal tip today by 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.

Vehicle accidents occur at alarming rates throughout the state of New Jersey. Unfortunately, these incidents can occur between multiple vehicles as well as incidents involving vehicles versus pedestrians, bicyclists, and motorcyclists. Accidents involving large commercial trucks can be devastating for those inside traditional passenger vehicles. Often, these incidents are caused by the careless or negligent actions of truck drivers or trucking companies. Our team strives to secure full compensation for our clients, and we are not afraid to stand up to well-funded trucking companies in the process.

Discovery is a formal request for information and documents during the lawsuit process. If the case is pending in a justice of the peace court, court approval must be given prior to either side beginning the discovery process. If the case is pending in a county court or a district court, court approval is not needed. Typically, but not always, discovery must be concluded thirty days before the case is set for trial. If the ‘Plaintiff’ (the person or company doing the suing) believes that they have all the proof they need to win the lawsuit (and there are no disputed facts), they can file a writing with the court asking for a judgment to be entered. This writing is called a motion for summary judgment. If the ‘Defendant’ (person being sued) believes that the Plaintiff is absolutely lacking some of the proof required to win the lawsuit, the defendant can file a writing asking that the case be dismissed. This writing is called a no-evidence motion for summary judgment.

If there’s a parent refusing to allow parenting time and that refusal is unjustifiable and unreasonable, you need to get into court quick. We need to get the judge to address that, and we need to get that client to exercise parenting time right away. In New Jersey, parenting time simply replaced what used to be called visitation. In New Jersey, we have two types of custody – legal custody and residential custody. In the vast majority of cases, our clients share joint legal custody of their children, which means they make decisions jointly for the child regarding health, education and welfare. Residential custody comes down to where the child is spending most of his or her time. If mom has the child most of the time and dad has alternate weekends and a mid-week dinner or overnight, mom has residential custody and would be called the parent of primary residence, and dad would be called the parent of alternate residence. His time with the children is called parenting time, what used to be called visitation.

Several monumental decisions have come down in the New Jersey Supreme Court, regarding defendants’ Miranda rights. These court cases have brought into question whether or not law enforcement officers can lie and or use trickery to obtain a confession. However, this could result in a false confession and can lead to them being falsely accused or wrongly incarcerated, as well as having said confession used against them in court. This is a violation of defendants’ Miranda rights. NJ Supreme Court Justice Albin has concurred and dissented on cases to protect defendants’ Miranda rights. It is obvious that he does not believe in the use of trickery and lies by detectives to acquire a confession. Before retiring, he has demonstrated his principles and opinions in his last few cases.