Iacullo, Martino & Reinitz Attorneys at LawEssex County Criminal Law Attorney | Family Law | Nutley Divorce2024-03-07T15:39:35Zhttps://www.iacullomartino.com/feed/atom/WordPressOn Behalf of Iacullo, Martino & Reinitzhttps://www.iacullomartino.com/?p=499062024-03-05T15:41:54Z2024-03-07T15:39:35Zdivorce at some point in their lives.
Interestingly most divorces happen early on in a marriage. Just under 5% of all marriages that last more than 10 years end in divorce, with most divorces happening between year 3 and year 7 of a marriage.
Another interesting fact is that, of the 1,000 people surveyed, only about 1 out of 4 described their decision to divorce as mutual.
Cheating remains a leading cause of divorce
Perhaps it will come as little surprise that cheating was a factor in over 1 out of 3 divorces, according to the results of the survey.
This made cheating the second leading cause of divorce and the number one factor in ending marriages of longer than eight years.
The most cited reason for divorce was that a person’s family and friends did not support the marriage. This lack of family support was a factor in just over 4 out of 10 divorces.
Lack of support was the most prevalent factor among those who divorced between their second and eighth years of marriage.
Other significant contributing factors included financial troubles, frequent fighting and an overall lack of closeness and compatibility.
The reason for a divorce can affect a person’s legal rights and options
Like almost all states, New Jersey allows for what is commonly called “no-fault” divorce. This means that a person can ask for and receive a divorce without having to prove the other spouse did something to cause the divorce.
However, in some cases, the reason why a person is getting divorced can affect how a judge divides property and determines custody and visitation.
For example, if one spouse's drug or alcohol abuse contributed to the divorce, that spouse may not be a safe and positive influence around the couple’s children. Likewise, when finances have something to do with a divorce, it is fair to ask whether either spouse wasted or misused marital property.]]>On Behalf of Iacullo, Martino & Reinitzhttps://www.iacullomartino.com/?p=499052024-02-26T19:45:31Z2024-02-22T19:43:23ZChapter 7 vs. Chapter 13 is key from the outset.
How do Chapter 7 and Chapter 13 differ?
A of the primary factors that determine whether a person should file for Chapter 7 or Chapter 13 include employment status, the type of debt and the presence of valuable property. Chapter 7 is a liquidation bankruptcy whereas Chapter 13 is more of a repayment plan.
Under Chapter 7, unsecured debt like credit cards and medical expenses can be eliminated. The person’s property will be assessed to determine if it is exempt or nonexempt. For example, if they own a home, it could be taken and sold to repay creditors. If they have a newer automobile, that too would be part of the liquidation.
Those who use Chapter 7 are doing so because they do not have valuable assets. There is also the means test to check and see their income and if they could potentially repay their debts. If they do, the case would likely be changed to a Chapter 13.
A Chapter 13 is beneficial for those who own property they want to retain and would otherwise lose in a Chapter 7 liquidation. People who own a home and are behind on their mortgage, for example, could retain the property through Chapter 13.
With Chapter 13, those who have a consistent source of income will have a payment plan. It lasts for either three or five years. The payments will be sent to a trustee who will in turn pay the creditors. With Chapter 7, the discharge of debts happens relatively quickly. Under Chapter 13, the plan must be completed before there is a discharge.
Choosing wisely between Chapter 7 and Chapter 13
Bankruptcy is a smart way to get out of burdensome debt. Still, there are inevitable questions about the process that should be answered before proceeding. Making the right choice is crucial and knowing the details can make the road easier.]]>On Behalf of Iacullo, Martino & Reinitzhttps://www.iacullomartino.com/?p=499042024-02-20T07:40:29Z2024-02-20T07:40:29Zmarriage dissolution. As comforting as that sounds, your best laid plans can be at risk of blowing up if your spouse is a habitual liar who will go to great lengths to prevent you from getting what you want.
Even more concerning is the fact that the court might buy into the lies that your spouse tells. This can skew a judgment in your spouse’s favor, leaving you without the financial resources you need post-divorce, and it can negatively impact your relationship with your child. That’s why it’s imperative that you know how to handle a lying spouse in your divorce proceedings.
Tips for dealing with a habitual liar during your divorce
Sure, being lied to can make you frustrated and angry, but unchecked falsehoods can also disrupt the outcome of your divorce. To prevent that from happening to you, be prepared to do the following in your divorce case:
Gather and present contradictory evidence: When your spouse lies, you need to set the record straight. There’s no better way to do that than by presenting reliable evidence that contradicts their assertions. Financial records, school records, police reports, and mental health records might all play a role in your case. Make sure you take the proper steps to gather this evidence.
Document what your spouse says: Speaking of contradictory evidence, your spouse might be the best source of it. By retaining their written communications, including text messages and emails, as well as their social media posts, you can highlight inconsistencies in their assertions, which can then be used to destroy their credibility.
Don’t get elevated: Your spouse might lie to try to get a rise out of you, hoping that you’ll say something that they can use against you. Don’t let your spouse use you like that. Regardless of how frustrated you feel when dealing with your spouse, take a deep breath and respond in a business-like tone to try to deflate the situation.
Seek understanding: There’s a reason why your spouse lies so much. They might be using it as a way to shield themselves from emotional harm, or they could be using it to drive towards a desired outcome. If you can figure out what’s motivating your spouse, then you can gain understanding and perspective, which might help you realize that you shouldn’t take their lying so personally. This will make it easier to deal with your spouse while you try to hash out key divorce legal issues.
Be prepared going into your divorce
The last thing you want is to get blindsided in your divorce. So, as you prepare to enter the process, think through the best way to present your legal arguments and anticipate what your spouse might do. If you correctly assess that they’ll lie on key issues, hide assets, or make a play for sole physical custody, then you can develop effective counterarguments to protect your position.
In the end, then, thoroughness and diligence will be crucial to advocating for what you want out of your divorce. We hope that by implementing the tips above, you’ll have a strong start to getting through your marriage dissolution.
]]>On Behalf of Iacullo, Martino & Reinitzhttps://www.iacullomartino.com/?p=499032024-02-06T06:12:31Z2024-02-06T06:12:31Zbreathalyzer.” The breathalyzer is designed to detect the amount of alcohol in the driver’s bloods stream. This post is intended to explain in non-technical terms how a breathalyzer measures alcohol in a person’s blood stream.
The basic components of a breathalyzer
The essential components of a breathalyzer are a mouth-piece, two chambers that hold potassium chromate, liquid that changes color to a shade of light green depending upon the amount of alcohol present in the liquid. The final element of the breathalyzer is a photoelectric cell that creates a signal that is displayed on the face of the breathalyzer.
How the breathalyzer produces a BAC reading
The person being tested must breathe into the mouthpiece of the breathalyzer. The person’s breath is then passed through one of the two chambers filled with potassium chromate. The other chamber does not receive a sample of the driver’s breath and is used as a control.
The photoelectric cell reads the difference in color change between the two test chambers and creates an electronic signal that can be read on the face of the breathalyzer. Most breathalyzers report the results as “pass” – a BAC of less than 0.08%, “fail” – a BAC of more than 0.08%, or “invalid” – measurement was read by the photoelectric cell as not accurate.
Consequences of refusing a breath test
Refusing a proper request to take a breath test can result in the temporary loss of driving privileges, and some experienced attorneys advise their clients to refuse a request for a breathalyzer.
However, other attorneys believe that many breath tests are defective and can be excluded from evidence under aggressive cross-examination.
]]>On Behalf of Iacullo, Martino & Reinitzhttps://www.iacullomartino.com/?p=499022024-01-24T17:00:23Z2024-01-24T17:00:23Zand the aftermath of a conviction is crucial.
Unpacking common white collar crimes in New Jersey
New Jersey’s Criminal Justice Code outlines various white collar offenses, each carrying distinct penalties. This includes credit card fraud, which is the unauthorized use of credit or debit card information, which is punishable by up to 5 years in prison and a fine of $15,000.
Another offense is writing bad checks, which is writing checks with insufficient funds with penalties ranging from 18 months to 10 years in prison based on the check's amount. Money laundering is another common white collar crime. It is concealing unlawfully earned money with penalties ranging from 5 to 20 years in prison based on the money involved.
False representation is yet another. This is allegations of making false statements for benefits with penalties ranging from 5 to 10 years in prison based on benefits’ value. Finally, there is health care claims fraud. Making false statements related to health care benefits can bring these charges, and convictions carry penalties ranging from 5 to 10 years in prison based on the number of claims.
Defending against white collar crime charges
Accused individuals have several defenses depending on their case’s specifics. First, is the lack of intent. Demonstrating the absence of intent to defraud or harm can challenge charges, especially if it was an honest mistake.
Another defense is entrapment. If induced by law enforcement, proving entrapment by someone acting for the government may lead to charge dismissal. Duress is yet another. Acting under coercion or threat may serve as a defense, especially if the accused can prove potential harm to themselves or their loved ones. Finally, there is insufficient evidence. Casting doubt on the credibility of witnesses, validity of documents or accuracy of forensic tests can create reasonable doubt.
Given the complexity of white collar crimes, it is crucial to begin building a defense promptly. Protect your freedom and future.]]>On Behalf of Iacullo, Martino & Reinitzhttps://www.iacullomartino.com/?p=498992024-01-11T16:02:38Z2024-01-09T16:00:59Zassault charge or other criminal case.
Once police investigate, they may come to conclusions about what happened and act accordingly, even if the reality is that police have decided to take one person’s word over the other.
New Jersey law imposes serious penalties for crimes related to domestic violence. Even someone with no prior criminal history could wind up in jail and may also have to pay a fine.
In practice, though, a person may get a favorable deal from the prosecutor which spares them from jail and the most serious criminal penalties.
While it may be tempting to do so, someone in this position should still think twice before pleading guilty and accepting a conviction.
Other harsh consequences
A conviction for a crime related to a domestic violence can also lead to other serious consequences, including the following:
A person who is not a United States citizen could face deportation.
A person will lose their privilege of possessing a firearm.
The person may have some or all their custody and parenting rights taken.
They may lose important professional and personal opportunities.
They may have to submit to a restraining order.
These consequences can apply without regard to how serious the charge is or how significant the criminal penalties.
Someone who is accused of a crime related to domestic violence should make sure they understand all the consequences of a conviction and know what their legal options are.]]>On Behalf of Iacullo, Martino & Reinitzhttps://www.iacullomartino.com/?p=498962024-01-08T06:58:54Z2023-12-28T06:58:05Zviolent crime allegation, this is a serious situation that deserves serious action.
Much is at stake when being accused of a violent crime, which is why it is imperative to take immediate action. You need to know your rights and what steps you need to take to assert a strong and aggressive criminal defense.
Violent crime allegations
Violent crimes are severe offenses, and the legal team at Iacullo, Martino & Reinitz understands the serious consequences that follow a conviction. Thus, our experienced attorneys work diligently to fully understand the charges against our clients so we can use our expertise and knowledge to develop the strongest defense possible for them.
With over 45 years of combined criminal defense experience, our firm has handled a wide range of violent crime allegations. This includes assault and battery, aggravated assault, robbery, armed robbery, carjacking, home invasion, kidnapping, sexual assault, assault or death by automobile, weapons offense, manslaughter, murder and domestic violence.
Defense strategy
Because your freedom is on the line, it is important that you fully understand the charges you are facing, the details of the charges and what defense options you have. A legal professional will consider the validity of the arrest, discrepancies in witness statements, the motives of the victim and the possibility of self-defense. Depending on the situation at hand, you might have multiple options when asserting a defense.
Facing serious criminal charges is a serious and overwhelming matter. It can be challenging to navigate, especially when you feel lost and confused. A legal professional can help you better understand your rights and options, helping you make a well-informed decision when asserting a criminal defense.
]]>On Behalf of Iacullo, Martino & Reinitzhttps://www.iacullomartino.com/?p=498952023-12-20T21:29:29Z2023-12-14T21:27:20ZKnow all the facts about Chapter 7
Known as a liquidation bankruptcy, this is the easiest and fastest solution to their money woes. Unlike a Chapter 13 where there is a payment plan in place and people who own a home, an automobile and other properties they want to keep can do so, Chapter 7 discharges and clears the debt. In many instances, the person can keep properties that are below a certain value.
There are, however, reasons why a Chapter 7 might be denied. For example, it could be something as simple as failing to take the required financial management course that must be completed before the discharge. The debtor could have failed to follow orders given by the bankruptcy court or be accused of fraud.
A common misstep that people might make is amassing substantial debt shortly before filing. The court will look at the debt and when it was accrued. If it seems like it came about as part of fraudulent activity, then the discharge could be denied. Creditors or the trustee can object to the discharge. This would lead to a lawsuit that in bankruptcy is called an adversary proceeding.
In short, the debtor simply needs to know and follow the law when filing. That includes providing all the records and information as requested; not making major purchases shortly before the filing; completing the financial management course; and adhering to any court orders that are issued.
Chapter 7 can improve one’s financial situation
Dealing with overwhelming debt can negatively impact every aspect of a person’s life. They often feel as if there is no way out and they will be forced to live with the endless letters, phone calls, emails and messages about late or missed payments. Some might think bankruptcy is not a viable alternative or that they will not qualify. These are common misconceptions.
With Chapter 7, unsecured debts can be cleared relatively easily. A key is knowing the rules and following them. When thinking about strategies to address debt, it is useful to understand how Chapter 7 works, what to do and what not to do and how to move forward with a case.
]]>On Behalf of Iacullo, Martino & Reinitzhttps://www.iacullomartino.com/?p=498942023-12-13T15:45:10Z2023-12-13T15:45:10ZWhy do so many divorces happen in January?
The holiday season, with its emphasis on getting families together under the same roof, can create a facade of happiness that masks underlying marital issues.
Couples may choose to delay divorce proceedings to avoid disrupting the festive spirit for themselves and their families. Once the decorations come down and the new year begins, the post-holiday reality can prompt a reassessment of the relationship.
New beginnings
The symbolic power of starting a new year often inspires individuals to reflect on their personal lives and set resolutions for positive change. Introspection can lead to the realization that staying in an unfulfilling marriage is hindering personal growth.
Financial problems
The financial strain of the holidays may contribute to marital stress. As the new year begins, married couples facing financial difficulties may decide that a divorce is the most pragmatic solution to ease economic pressures and plan for a more stable future.
Overall relational fatigue
While many individuals embark on new year’s resolutions, some married couples may find that they cannot change the deeply rooted issues plaguing their marriage. The fatigue of unresolved problems can become a catalyst for initiating divorce proceedings.
The “January divorce phenomenon” is a complex interplay of psychological and practical factors that come together, usually after a married couple has been struggling in their relationship for some time. The culmination of holiday stress, the symbolism of a new year and the pragmatic considerations of financial strain can make January a month when married couples decide to finally seek a fresh start and a pathway to a more authentic and fulfilling life.]]>On Behalf of Iacullo, Martino & Reinitzhttps://www.iacullomartino.com/?p=498932023-12-06T06:12:40Z2023-12-01T06:11:51ZHow can you ease the emotional toll of bankruptcy?
The good news is that there are several steps you can take to alleviate the emotional and mental toll that may accompany your bankruptcy case. This includes:
Taking care of your physical health by eating right, exercising, and getting plenty of sleep.
Creating a post-bankruptcy budget that will give you certainty about what your financial future will look like.
Surrounding yourself with family members and friends who care about you and want to support you.
Seeking out help from a mental health professional.
Going easy on yourself, recognizing that what’s in the past is in the past and that bankruptcy might be your best option to get back on track.
Understanding how to rebuild your credit once your bankruptcy is finalized.
Ready yourself to navigate your bankruptcy with confidence
There’s a lot that’s put on your plate when you pursue personal bankruptcy. As stressful as that can be, this process really is meant to benefit you in the long run and give you the second chance that you deserve. Therefore, you should embrace it and find ways to make getting through it as easy and smooth as possible.
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