Happy New Year!
Everyone knows in real estate that the three most important considerations are Location, Location, Location! Well, when preparing for legal battle the three most important considerations are Preparation, Preparation, Preparation!
When facing an impending court battle, mediation or arbitration, consider your preparation to be your most important step for success. As a smart litigant, you must thoughtfully plan how you will approach your problem. Consider the relevant law - what needs to be proven? Consider the proofs that you can obtain to demonstrate your case to the judge - know what you need, how you can get it and when to expect it. Consider how your motions are written so as to fully communicate your position - write intelligently. Consider how your opposing party will argue against you - and address those arguments in your motion papers. Consider your tone in motion papers - be careful not to be overly emotional or berating of the other party - there are many ways to get your point across. Finally, consider the importance of your oral argument - this is the opportunity for the judge to have you fill in any gaps and complete the picture.
Much success in 2010 and please call my office at 856-210-2107 if you would like me to represent you in any family law, immigration or contract matter. Vist our website: http://RowenLegal.com/
Friday, January 1, 2010
Friday, October 9, 2009
NJ Family Law - Modifications
As the economy continues to stumble, filings for change in circumstance applications continue to rise.
Modifications for child support and alimony are the most common. In order to get a modification of child support and/or alimony, one must meet the "Lepis" test, which is demonstrating permanent changed circumstances.
When considering Filing or Responding to this type of motion, specific facts are critical to whether it will be granted or not as each case stands on its own merits.
For more information or to discover if a Motion filing is appropriate, please contact the law office at http://RowenLegal.com/
Modifications for child support and alimony are the most common. In order to get a modification of child support and/or alimony, one must meet the "Lepis" test, which is demonstrating permanent changed circumstances.
When considering Filing or Responding to this type of motion, specific facts are critical to whether it will be granted or not as each case stands on its own merits.
For more information or to discover if a Motion filing is appropriate, please contact the law office at http://RowenLegal.com/
Wednesday, September 9, 2009
NJ Contracts - Classification
While some would argue that New Jersey courts have allowed virtually any agreement to be considered a binding contract, there are rules that define a contract which must be met for the contract to be recognized. Additionally, there are also different classifications of contracts.
1) Unilateral and Bilateral Contracts: A unilateral contract is one where one party agrees to do something without receiving anything in return. However, more common is the bilateral contract, where each party promises to gives something to the other party, commonly referred to as quid pro quo or consideration.
2) Enforceable and Unenforceable Contracts: An enforceable contract is one where it is reasonably definite that there was an offer and acceptance. An unenforceable contract is one where there was not agreement to one or more essential terms.
3) Void and Voidable Contracts: A void contract is considered something that never existed because the making of the contract was contrary to law and/or policy. One cannot contract for something that is illegal and then try to enforce the terms of the contract in a court. A voidable contract is one may be valid until discovered to be invalid. This type of contract is valid until one of the parties takes the step to declare it void. For example, a voidable contract is made when one party lacks the capacity to contract. If the party ratifies the contract rather than voids the contract once the circumstances for voidability are found, then the contract becomes valid. If the party declares the contract void once the terms for voidability are discovered, then the contract becomes void.
4) Express and Implied Contracts: An express contract is one where the terms are expressed in written or spoken words. This type of contract has the distinction of being able to easily know the terms of the contract, because they were clearly expressed. On the other hand, the implied contract is one where the parties did not expressly state in written or spoken words the terms. This type of contract is derived from the conduct of the parties and the surrounding circumstances. Both express and implied contracts can be enforced.
5) Exculpatory Contracts: These are contracts where one is agreeing to a provision (ie releases at sporting events, releases for school events). These are not contracts where one feels at liberty to negotiate - these are more "take it or leave it" agreements that one wouldn't necessarily agree to if one were readily able to negotiate the terms. These types of contracts are generally found enforceable so long as they don't go against the public interest.
6) Divisible and Indivisible Contracts: A divisible contract is one where several distinct promises are made with corresponding exchanges from the other party. An indivisible contract is one where either one or several things are being exchanged but it is the intention of the parties that all must be done in exchange for all and not divided one for one. This becomes important in a potential default situation.
For more information on New Jersey contract law, please contact us at 856-210-2107 and/or visit our website at http://rowenlegal.com/
1) Unilateral and Bilateral Contracts: A unilateral contract is one where one party agrees to do something without receiving anything in return. However, more common is the bilateral contract, where each party promises to gives something to the other party, commonly referred to as quid pro quo or consideration.
2) Enforceable and Unenforceable Contracts: An enforceable contract is one where it is reasonably definite that there was an offer and acceptance. An unenforceable contract is one where there was not agreement to one or more essential terms.
3) Void and Voidable Contracts: A void contract is considered something that never existed because the making of the contract was contrary to law and/or policy. One cannot contract for something that is illegal and then try to enforce the terms of the contract in a court. A voidable contract is one may be valid until discovered to be invalid. This type of contract is valid until one of the parties takes the step to declare it void. For example, a voidable contract is made when one party lacks the capacity to contract. If the party ratifies the contract rather than voids the contract once the circumstances for voidability are found, then the contract becomes valid. If the party declares the contract void once the terms for voidability are discovered, then the contract becomes void.
4) Express and Implied Contracts: An express contract is one where the terms are expressed in written or spoken words. This type of contract has the distinction of being able to easily know the terms of the contract, because they were clearly expressed. On the other hand, the implied contract is one where the parties did not expressly state in written or spoken words the terms. This type of contract is derived from the conduct of the parties and the surrounding circumstances. Both express and implied contracts can be enforced.
5) Exculpatory Contracts: These are contracts where one is agreeing to a provision (ie releases at sporting events, releases for school events). These are not contracts where one feels at liberty to negotiate - these are more "take it or leave it" agreements that one wouldn't necessarily agree to if one were readily able to negotiate the terms. These types of contracts are generally found enforceable so long as they don't go against the public interest.
6) Divisible and Indivisible Contracts: A divisible contract is one where several distinct promises are made with corresponding exchanges from the other party. An indivisible contract is one where either one or several things are being exchanged but it is the intention of the parties that all must be done in exchange for all and not divided one for one. This becomes important in a potential default situation.
For more information on New Jersey contract law, please contact us at 856-210-2107 and/or visit our website at http://rowenlegal.com/
Friday, August 28, 2009
NJ Family Law - Should I Represent Myself in Court?
People who represent themselves in court are considered "pro se" litigants. In New Jersey, it is the right of the individual to represent himself/herself in court, if desired. For most family law matters, you are able to obtain a "pro se packet." This should be available in the county courthouse that you will be filing. This packet should have all the papers necessary to file or respond to your own motion or divorce.
Representing yourself has positive and negative aspects. The most apparent positive, of course, is that you will not incur legal fees. Another positive is that pro se litigants should be given the same consideration by the court as those that are represented by counsel. The negatives of representing yourself in court can be that you will need to be certain that all the paperwork is handled properly and you will need to try to handle the emotional aspect of speaking in court on your behalf, which can be difficult for some depending on the circumstances. Additionally, if there are complicated matters, you will need to understand the law and know how to best present your case to the court on your behalf. If you hire an attorney, the attorney will handle all the paperwork, know the currrent applicable laws and will handle presenting your case in the best possible way for your individual situation.
When considering whether to go forward pro se or represented by counsel, consider the positives and negatives and determine what would be best for your individual situation. What's best for one person is not what is best for all persons. Family matters are as unique as the individuals themselves.
For more information on New Jersey Family law, please visit our website at http://rowenlegal.com/
Representing yourself has positive and negative aspects. The most apparent positive, of course, is that you will not incur legal fees. Another positive is that pro se litigants should be given the same consideration by the court as those that are represented by counsel. The negatives of representing yourself in court can be that you will need to be certain that all the paperwork is handled properly and you will need to try to handle the emotional aspect of speaking in court on your behalf, which can be difficult for some depending on the circumstances. Additionally, if there are complicated matters, you will need to understand the law and know how to best present your case to the court on your behalf. If you hire an attorney, the attorney will handle all the paperwork, know the currrent applicable laws and will handle presenting your case in the best possible way for your individual situation.
When considering whether to go forward pro se or represented by counsel, consider the positives and negatives and determine what would be best for your individual situation. What's best for one person is not what is best for all persons. Family matters are as unique as the individuals themselves.
For more information on New Jersey Family law, please visit our website at http://rowenlegal.com/
Tuesday, August 18, 2009
NJ Family Law - Motions: The "Certification"
A large part of my law practice includes what is commonly known as "Motion Practice." This is the process of requesting the Court make a ruling regarding specific child support, alimony, custody, parenting time and/or pendente lite (pre-divorce support or maintenance) issues. This process involves filing paperwork and then orally arguing before the judge.
The paperwork in a Motion package can include a Notice of Motion; Certification of the party filing; Supporting Documentation; Proof of Mailing to the opposing party; and Attorney's Fees requests. Arguably, the most information packed part of the package is the Certification of the party filing the Motion. This is the part in the paperwork filing where the filer gets the opportunity to tell the Court, in writing, why the Motion is being filed and why the Court should grant the filer's request. The judge will thoroughly review the Certification. Therefore, the Certification should be thoughtfully prepared and include the history behind the request, the current situation and what the filer hopes the Court will do to change the situation, along with as much supporting documentation as possible. By preparing a thorough Certification, the filer provides critical and complete information that the judge will use to assist in rendering a fair decision. Every piece of information that the filer needs the judge to know should be in the Certification, even if the filer requests an opportunity for oral argument in his/her Notice of Motion.
For more information on NJ family law issues, please visit http://rowenlegal.com/
The paperwork in a Motion package can include a Notice of Motion; Certification of the party filing; Supporting Documentation; Proof of Mailing to the opposing party; and Attorney's Fees requests. Arguably, the most information packed part of the package is the Certification of the party filing the Motion. This is the part in the paperwork filing where the filer gets the opportunity to tell the Court, in writing, why the Motion is being filed and why the Court should grant the filer's request. The judge will thoroughly review the Certification. Therefore, the Certification should be thoughtfully prepared and include the history behind the request, the current situation and what the filer hopes the Court will do to change the situation, along with as much supporting documentation as possible. By preparing a thorough Certification, the filer provides critical and complete information that the judge will use to assist in rendering a fair decision. Every piece of information that the filer needs the judge to know should be in the Certification, even if the filer requests an opportunity for oral argument in his/her Notice of Motion.
For more information on NJ family law issues, please visit http://rowenlegal.com/
Sunday, August 16, 2009
NJ Immigration Law - Gaining Legal Status
Millions of undocumented people are living in the United States and wish to obtain a legal status.
If an undocumented person is discovered to be undocumented by the United States government, he/she will, in most cases, be sent to an immigration court and deported. If deported for non-legal status, he/she may face a bar of up to ten (10) years before he/she could legally apply to gain legal status in the United States.
If, instead, he/she is able to return to his/her home country of his/her own accord, he/she can apply for legal status to the United States through one of the many ways it can be obtained, and may face a waiting period of a year or less to obtain legal status.
Currently, there is no path to citizenship that allows an undocumented person to stay in the United States, except for a person who is seeking asylum. Asylum is available for those persons who are in or out of this country, here legally or illegally, who have fled or intend to flee their home country due to a well founded fear of persecution should they return or remain in their home country. The fear of persecution must be well founded and based on race, religion, political opinion, or association with a particular social group as well as other conditions.
Visit our website for more information on obtaining legal status at http://rowenlegal.com/Immigration-Law-FAQ.html
If an undocumented person is discovered to be undocumented by the United States government, he/she will, in most cases, be sent to an immigration court and deported. If deported for non-legal status, he/she may face a bar of up to ten (10) years before he/she could legally apply to gain legal status in the United States.
If, instead, he/she is able to return to his/her home country of his/her own accord, he/she can apply for legal status to the United States through one of the many ways it can be obtained, and may face a waiting period of a year or less to obtain legal status.
Currently, there is no path to citizenship that allows an undocumented person to stay in the United States, except for a person who is seeking asylum. Asylum is available for those persons who are in or out of this country, here legally or illegally, who have fled or intend to flee their home country due to a well founded fear of persecution should they return or remain in their home country. The fear of persecution must be well founded and based on race, religion, political opinion, or association with a particular social group as well as other conditions.
Visit our website for more information on obtaining legal status at http://rowenlegal.com/Immigration-Law-FAQ.html
Thursday, July 30, 2009
NJ Family Law - Child and Parenting Time with the Non-Custodial Parent
Children have a right to have scheduled time to meet with their non-custodial parent. Sometimes parents believe this right is theirs and argue that due to the payment of child support or non payment of child support, the non-custodial parent has increased or reduced rights to visit with the child.
The child has a right to see the non-custodial parent regardless of whether or not child support is on time or late and the Parenting time schedule should not be affected. Issues with child support payments should be handled independently through a Motion to the Court for either Enforcement of Litigants Rights or a Modification of Child Support.
Visit our website for more information on New Jersey family law at http://rowenlegal.com/Family-Law.html
The child has a right to see the non-custodial parent regardless of whether or not child support is on time or late and the Parenting time schedule should not be affected. Issues with child support payments should be handled independently through a Motion to the Court for either Enforcement of Litigants Rights or a Modification of Child Support.
Visit our website for more information on New Jersey family law at http://rowenlegal.com/Family-Law.html
Subscribe to:
Posts (Atom)
