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We lived together for 10 years, do I have any rights if we break up?

Posted by on Feb 3, 2017 in Family Law | 0 comments

The state of New Jersey does not have common-law marriage; however, you may have some rights after living with someone for 10 years. Because you were not married, you may want to consult a Freehold Family Attorney in order to learn what benefits are available for you. Those benefits could include palimony, child support, an equitable division of assets and breach of contract assistance. A Freehold Family Attorney can help you navigate the complexities of the law and will be familiar with the recent legislation enacted in the state to assist people in dissolving an unmarried union. There have been a few cases to set a legal precedent in this area. In the case Kozlowski v. Kozlowski, a couple lived together for 15 years. When they ended the relationship, The New Jersey Supreme Court found that agreements made during the relationship should be upheld and that both parties could seek relief from the court. In the case of Marvin v. Marvin, a precedent for palimony was set in the state of New Jersey. It was determined that contracts between the two parties could be enforced. Similarly, in the case of Crowe v. DeGioia, The New Jersey Supreme Court upheld that a family court may order relief in the form financial support for a party in these type of proceedings. In short, you may have legal remedies open to you when a long term relationship is ended, even if you were not married. Every case is different, so results will vary according to the specifics of your situation. To learn more about your rights after the end of a domestic partnership, you should contact a Freehold Family Attorney such as Thomas & Krail LLC Attorneys at Law immediately....

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New Jersey’s Little Known Paid Family Leave Law

Posted by on Apr 8, 2016 in Family Law | 0 comments

Recently San Francisco and New York have made headline news for their updated paid family leave laws for families that need to take time off of work to care for a new child or tend to a sick family member. However, few people realize that New Jersey has had a similar law in place for the past 7 years. New Jersey is actually only 1 of 3 states that provides paid leave for individuals to take care of a new child or a sick relative. New Jersey currently provides 6 weeks of paid family leave where workers collect 2/3 of their regular pay, with the weekly benefit capping at $615 in 2016. The law has minimal financial impact on New Jersey workers, costing workers only $26 per year in payroll deductions. Surprisingly, only 155,000 people have taken advantage of New Jersey’s paid family leave law between 2009 and 2015. Unfortunately, many workers and employers are simply unaware of this state benefit and often go weeks without pay to care for a new child or sick family member, which only increases the financial hardships for New Jersey’s most vulnerable workers. We urge workers who are expecting children or have a sick family member to educate themselves about New Jersey’s paid family leave benefits. This benefit is paid directly from the state fund and is available to every worker in New Jersey regardless if they work at a large firm or a small “mom and pop shop” with just a few employees. The experienced legal team at Thomas & Krail LLC is available to answer any questions about New Jersey family law. Contact Thomas & Krail LLC at (732) 333-0477 to schedule an...

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Filing For Divorce in New Jersey

Posted by on Dec 24, 2014 in Family Law, Home Page | 0 comments

If you’re living in New Jersey and plan to file for divorce, following the correct process and gathering relevant paperwork is essential to your success during legal proceedings. Here are a few tips to help get you started: No-Fault Divorces A “no fault” divorce takes place when neither individual committed an act that caused the marriage to end. This type of divorce can be filed if the couple has been living separately for at least 18 months or they have been experiencing irreconcilable differences during six months before the initial filing date of the divorce. At-Fault Divorces A fault divorce is when the actions of one of the spouses is grounds for divorce. This can happen when one of the individuals leaves the other one for at least 12 months prior to the filing date of the divorce, or in cases of violence, when one individual commits a violent act against the other individual within three months preceding the initial filing date. Things to Consider There are a variety of things to consider when filing for divorce in New Jersey. If you have children, you must decide visitation rights, if any, child support amounts and who the children should live with after the divorce is final. The divorce process can be extremely confusing, especially when children, money and property are involved. After the papers have been filed, you must prepare a summons to be served to the other party involved in the divorce. The paperwork that must be served includes the complaint, the summons, certificate of insurance and the certification of notification of complementary dispute resolution alternatives. Divorce should not be tackled alone. Contact Thomas & Krail, LLC if you plan on filing for divorce in New...

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Filing For Divorce in Freehold

Posted by on Aug 28, 2014 in Family Law, Home Page | 0 comments

Filing for divorce can be a difficult and emotional process. If you are going through a divorce, then you are probably in a highly emotional and psychologically sensitive state and the last thing you want is legal complexities and stress to add to it. Filing for divorce in Freehold means that your case is subject to New Jersey divorce laws. Here are a few key points you may want to know about New Jersey divorce law: The plaintiff is the spouse that is filing for divorce. The other spouse is the defendant. There are two different categories of divorce for which you can file in New Jersey: no-fault divorce, which means neither party is solely responsible for the disintegration of the marriage; at-fault divorce, which means that one spouse was primarily responsible for the divorce. Under New Jersey law there are two different grounds for no-fault divorce: “Irreconcilable differences,” which means that the couple is no longer compatible; a separation of longer than 18 months. There are several grounds for an at-fault divorce in New Jersey: adultery drug addiction or habitual drunkenness cruelty desertion being institutionalized for a mental illness imprisonment perverse sexual behavior In order to determine the best course for you to take and what issues are important in your specific case, you will need competent legal advice and representation. If you are filing for divorce in Freehold, then contact Thomas & Krail, LLC today....

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