When a couple makes the difficult decision to end their marriage, there are a number of matters that must be resolved during the divorce process, including the distribution of marital property and spousal support, which provides the lower-income spouse with enough income to maintain a similar standard of living after the divorce. If the couple has children, the top priority […]
By Eric Marcy, Esq. The statutory system of registration and notification under Megan’s Law in New Jersey is intended to determine the danger of recidivism by an individual who has been convicted of a crime that falls within the parameters of Megan’s Law. With public safety as the goal in the Tiering designation system, it purports […]
By Eric Marcy, Esq. Criminal and civil courts and the New Jersey State Parole Board have accepted the use of psychological testing as an important component of making legal and factual determinations in both the civil and criminal litigation and for considerations as to whether a person is suitable for release on parole. Such testing may add an […]
By Eric Marcy, Esq. At times, a specific parole condition may become unnecessary, burdensome, or interfere with the parolee’s employment prospects and/or rehabilitation. The New Jersey Administrative Code sets forth the application process to the New Jersey State Parole Board through which a parolee may challenge the necessity and/or fairness of a specific condition of parole. […]
In the past, if a couple divorced, custody of the children was generally awarded to the mother. This old-fashioned approach to custody-related decisions likely stemmed from the fact that the father was often the sole breadwinner of the family, while the mother stayed home and took care of the children. Today’s family dynamics do not […]
The divorce process can take a major financial toll when it comes time for you and your spouse to divide your marital assets. You may be surprised to learn that any contributions during your marriage made to your 401(k) plan are considered marital property, which means it will be subject to division in a divorce. […]
“Merry-Go-Round” Delay by Remand to the Full Board from a Successful Appeal and Reversal of a Board Panel Denial of Parole In Acoli v. New Jersey State Parole Board, 224 N.J. 213 (2016) the New Jersey Supreme Court reviewed the reversal of a denial of parole that was ordered by the Appellate Division. A Three Member Panel of the Parole […]
Once committed to the State Prison system, the Department of Corrections (“DOC”) performs a classification assessment which has implications for an inmate’s prison designation, housing, rehabilitative programming, and ultimately, on parole. A recurring issue involves the application of an E-1 override which results in a minimum classification of “medium” or “maximum” custodial classification status despite the […]
Misuse of Psychological Tests in Courts By Eric Marcy, Esq. The Purpose and Source of Data for the Various MMPI Products The MMPI-2 was a personality assessment tool for mental health diagnosis. It was used for decades in a variety of litigation contexts. To the extent that examiners continue to use this process in the forensic […]
Divorce is difficult for everyone involved, from the couple who is splitting up to the children who have to adjust to splitting their time between two homes. If you and your spouse have decided to handle your divorce through mediation, this avoids a potentially bitter and contentious court battle, which can be painful for children […]
