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Showing posts from May, 2017

NEW JERSEY EQUITABLE DISTRIBUTION

New Jersey is an Equitable Distribution State. This means that marital assets will be divided in a manner that is considered fair but not necessarily equal for the parties. Below we have developed an outline to give a general overview on Equitable Distribution in New Jersey. Equitable Distribution in New Jersey an Outline Overview. I.Assets subject to Equitable Distribution a. Assets that are Acquired During the Marriage b.Assets acquired in contemplation of marriage II.Assets Immune by Statute a.Premarital – except the increase in active assets value due to efforts of non-owner. b.Inheritances c. Gifts from third parties III.Specific Assets: Subject to Equitable Distribution a.Pensions and other retirement accounts that were acquired during the marriage. b.Real Estate as per I(a), (b). c.Automobiles, jewelry, inter-spousal gifts, house contents d.Stocks, bonds, etc. e. Insurance annuities and cash surrender value of life insurance policy f.Business and partnership interests g.Personal injury awa…

Harassment and Domestic Violence in New Jersey

Harassment can constitute a basis for the issuance of a restraining order if the statutory elements are satisfied. See N.J.S.A. 2C:33-4. The statute defines harassment:
Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he: a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2c:33-4 (emphasis added).]
As provided by the statute, a finding of harassment requires proof of an intent or purpose to harass. State v. Hoffman, 149 N.J. 564, 576-77 (1997). An assertion by a plaintiff that he or she felt harassed is …