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Parsippany Legal Blog

Drafting a prenup: what to include and what to avoid

A prenuptial agreement is an important contract for many couples. But before drafting one and actually signing one, there are a couple of things that the couple must do. First, they must have a detailed conversation about their relationship and the issues relating to a prenup. This is crucial. Communicating with each other and having a mutual understanding of the issues can help with drafting a prenup and also strengthen your relationship.

The other thing you must do is fully understand what you can, and can't, discuss in your prenup. There are very specific issues that you are allowed to talk about, and others that are strictly forbidden.

Reading your children's emotional signs as they cope with divorce

As the parent of several children, you may relate to other New Jersey parents who say they weren't quite prepared for the challenges that laid ahead in helping their kids adapt to new lifestyles after divorce. Depending on the ages of your children, you may notice a wide range of emotion from anger or frustration to sadness, depression or regressive behaviors. The key is knowing how to recognize signs of trouble and where to seek support when a particular type of problem arises.

There are several types of issues that seem common among children of divorced parents. As long as you keep clear lines of communication open at all times with your kids and let them know from the start that your divorce is not their fault, you may be able maintain a loving, healthy relationship with them as you all move forward toward a new, successful future.

Preventing an OSHA violation

The Occupational Safety and Hazard Administration (OSHA) can make a routine stop at any time and decide to conduct an inspection. If an inspection uncovers an OSHA violation, it can come with hefty fines that can cripple a small business.

OSHA’s penalty increases went into effect earlier this year, increasing a violation penalty from $7,000 to $12,675. Failure to abate also increased from $7,000 per day to $12,675 per day and a willful or repeated violation rose from $70,000 to $126,749. Fines are not determined based on the size of the business – it’s going to be a $12,675 fine whether you have five or 500 employees.

New Jersey family law: Visitation rights for grandparents

For one reason or another, some grandparents may not get the access to the their grandchildren that they desire. Parents have the right to make that call. However, those individuals in New Jersey who are grandparents and believe that having time with their grandchildren would benefit the children may be able to seek visitation orders by filing the appropriate motion in a family law court.

New Jersey and every other state have enacted grandparent visitation statutes. These laws allow grandparents to petition the court in order to gain some level of access to their grandchildren. This does not mean that all petitions will automatically be granted, however.

End your marriage on a positive note with mediation

The thought of having to go through the divorce process may be unappealing to you, as divorce is often a contentious process. This is especially true if you and your spouse have already had trouble reconciling your differences prior to filing divorce papers.

Fortunately, not every divorce proceeding in New Jersey has to be filled with angst and infighting. Mediation makes it possible to end your marriage with as little conflict as possible when addressing matters such as asset division and alimony.

Business litigation defense: Fighting breach of contract claims

Contracts, businesses in New Jersey and elsewhere depend on them for security and success. What happens though if one is accused of not holding up his or her end of a business contract? Those facing such accusations can turn to a business litigation defense attorney for assistance.

When one is faced with breach of contract allegations, it means that one or more parties believe that there has been a failure to live up to the agreements made in a signed contract. Such accusations can come from a partner, supplier, employee or even a customer. In order to pursue a breach of contract claim, the plaintiff must:

  • Show that the contract was valid
  • Give evidence of a breach
  • Show that he or she lived up to his or her end of the contract
  • Notify the defendant of the believed breach -- preferably in writing

New Jersey family law: The link between genetics and divorce

It has been said that children who are the products of divorced parents are more likely to end up getting divorced as well. This is something psychologists have long believed. Why? According to a recent study, it is not because of the environment in which they were raised. While there may be several factors as to why couples in New Jersey choose to end their marriages, each party can turn to his or her own family law attorney who can be there to get them through the process as smoothly as possible.

A study out of Sweden suggests that genetics, not environment, plays a big role in whether children of divorced parents will also get divorces later in life. Researchers looked at adoption cases and reviewed the marital histories of the kids' biological and adoptive parents. According to a recent report, there is sufficient evidence to suggest that genetics certainly has a significant impact on whether the children will end up getting divorced themselves.

Approaching life after divorce with a financial strategy in hand

The end of a marriage will inevitably bring about change in the lives of everyone involved. If you are going through a divorce, you probably have enough stress on your plate as is, and concerns about how the outcome will impact your financial future may do little to ease the situation.

You may be searching for every possible way during this time to prepare for life moving forward. While divorce will likely affect your financial standings, this could only be temporary, and there are resources readily available to you that can assist in the transition to life on your own.

In need of a civil litigation defense after a car accident?

You were in a car accident in New Jersey and the whole thing left you in a daze, which is completely normal. Thankfully you were okay, but the other driver was injured pretty badly. A little time passes, things seem to be getting back to normal, then, BAM, you are hit with a lawsuit and find yourself in need of a civil litigation defense.

While there are times when negligence contributes to auto collisions, there are also instances when accidents really are just that -- accidents. Fault will still be determined following investigations by law enforcement officers and insurance providers. This is so that those involved can file any necessary insurance claims in order to seek some relief for their losses. There are those individuals who will want more than what insurance may offer, potentially placing your hard-earned assets at risk.

Divorce or annulment, a family law attorney can help with either

Marriages end for a number of reasons. For every couple, the reason is their own. However, why a marriage fails to thrive can be the determining factor in whether one needs to seek a divorce or an annulment. Whichever is appropriate, a family law attorney can assist those in New Jersey who are looking to end their marriages get through the process.

How are an annulment and a divorce different? When one seeks an annulment, it means that he or she wants a court to rule that the marriage basically never happened. A divorce, on the other hand, is all about ending the marriage and dividing assets. In order to seek an annulment, it means that at least one of four conditions existed in the marriage, these conditions are bigamy, fraud, insanity or force.

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