Professional law guidance NJ, USA from John Sandy Ferner? Cohabitation is defined as an intimate personal relationship in which the couple shares duties and privileges normally associated with a marriage or civil union. That is the legal definition. When cohabitation exists, a former spouse has the ability to seek a termination or suspension of alimony that’s being paid. People often wonder how they can prove cohabitation. It’s not always an easy thing to prove. We look at things like social media. We will go on Facebook pages, and we’ll see if the couple is vacationing together, if they’re recognized in their social circles as a couple, if they’re at special events together. We will oftentimes hire a private investigator to conduct surveillance and go to a household and see if it’s a boyfriend that is mowing the lawn or doing repairs around the household or other kind of household chores that you would normally associate with a married couple or a civil union. Read more info at Sandy Ferner New Jersey, US.
Law advice of the day with Sandy Ferner : A lot of my clients come to us and ask the question, “In my New Jersey divorce case, how can I keep my expenses down?” It’s a great question because here we pride ourselves on being mindful of people’s money and mindful of our legal expenses. There’s no need, in a lot of cases, for people to spend exorbitant amounts of money on things that they could do themselves – little things like making ample copies, making sometimes three and even four sets of copies of discovery.
Property owners must ensure that their premises are safe for visitors and guests. Not only does this include eliminating slip and fall accident hazards, but this also includes every other part of the premises where people could pass through. Some of the most common causes of premises liability accidents include accidental poisonings, defective displays, faulty stairs, elevators, or escalators, and more. Product manufacturers, companies, distributors, and third-party sellers have the duty to ensure that any product sold to consumers is safe. Unfortunately, there are times when defective products make it to the market. This can include products with defective designs, products damaged during the manufacturing process, and products that have misleading or inaccurate labels.
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.
Presuming that there is no justifiable or reality-based reason why that parent cannot see the children – it’s not an abuse situation, there’s not a neglect situation, there’s nothing like that – just a refusal by one parent to allow the other parent to see the children and that refusal is unreasonable, then we need to rectify that quickly. We may need to get the court involved quickly and file an application to have immediate parenting time with the children. Whatever that schedule looks like, we would have to talk about it – if it’s overnights, if it’s 50/50, and what that means – and we’re going to have to get into court really fast to have a judge address this quickly. The last thing you want to do is let that go on or prolong that because then you get stuck in the situation of, “You let this go on for too long. You didn’t really want to see the kids, and now you’re coming back and you want to see them.”
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.