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The Limits to Ordering Computer Monitoring as a Special Condition of Supervised Release in the Federal Court System
There are limits to when a Federal District Court Judge may order computer monitoring by United States Probation as a special condition of supervised release. While it can be argued that individuals on supervised release have a diminished expectation of privacy, wholesale unfettered access to a personal computer must still be balanced by assessing the …
How Do I Cope with a Divorce While Pregnant?
Already a stressful legal process and busy time in one’s life, the divorce process can become even more complicated if you find out you are pregnant. Depending on the circumstances of your divorce and the status of your relationships with your spouse, the pregnancy may cause you to reconsider the divorce and try to work …
How Can Mediation Help Me Resolve My Divorce?
Not all divorces result in a bitter and contentious court battle. In fact, an increasing number of divorcing couples are turning to mediation as a way to resolve important issues like alimony, child support and the division of marital property. This process is also less costly and time-consuming than litigation. In addition, couples are often …
How Does Adultery Affect the Outcome of a Divorce?
New Jersey is one of seventeen states that are no-fault divorce states, meaning that when a couple files for divorce in the state of New Jersey, they generally cite irreconcilable differences as the reason that the marriage did not work out. Ultimately, a no-fault divorce is much less time-consuming, costly, and emotionally draining than a …
What is a Litigation Control Group? Who are Eligible to be Members? How Does One Confirm the Participants?
A. Assessing the Structure of the Entity and Who the Attorney Represents When an attorney is brought into a potential investigation, regulatory, employment or litigation, or other legal advice matter that will involve issues subject to the Attorney Client and Work Product Privileges counsel should first identify and confirm the nature of the entity, the …
Can I Modify my Child Custody Agreement?
In New Jersey, an application regarding custody will be decided by the court and an order will be entered. However, in New Jersey there is strong public policy in favor of encouraging parents to resolve their custody disputes by way of agreement. Many parents may wonder how to modify their custody agreement once the terms …
Digital Communications and Social Media Posts – A Fertile Source of Evidence in Criminal, Family Law, and Civil Litigation
Our courts have established how social media postings, including Texts, Twitter, Facebook, and other social media postings may be authenticated for admissibility in court. Authenticating such evidence is “flexible” and only requires a prima facie showing for authentication. New Jersey Courts are given “considerable latitude” in admitting digital communications and social media at time of trial. …
How Do I Legally Change My Name?
People change their legal names for many reasons, most of them personal reasons. While anyone can adopt the informal use of a new name at any time (i.e., nicknames), if the name you are known by does not match your official identification documents, you must seek a name change legally through the court system. In …
Who Gets to Decide What to Do with a Child’s Remains When the Parents are Divorced?
In a recent published case, the Appellate Division dealt with the sad circumstances addressing the disposition of the cremation remains and personal effects of a child, who passed away while attending college. In the case of Freedman v. Freedman, the parties were divorced in 2007. Their child unexpectantly died in 2021 at the young age …
What Do I Need to Consider Before Getting Remarried?
If your first marriage ended in divorce, and you are in a committed relationship with a new partner, the prospect of getting remarried may feel like a fresh start, and the opportunity to learn from past mistakes. However, according to the U.S. Census Bureau, second marriages have a higher rate of failure than first marriages. …
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