New Jersey Lawyer Blog

January is Popular Divorce Month in New Jersey

January 4, 2020 | by Aretsky Law Group

According to many legal experts in New Jersey, January is the most popular month for divorce to occur. Nationally, the divorce filing rate in January is one third higher than the rate in other months. In fact, Google searches for divorce related topics have peaked in January, historically between the Jan 6 and Jan 12 time period.

Many legal and relationship experts note that this may occur since many couples view January as the time to embark on New Year’s resolutions and new beginnings. The holiday season also may cause a delay in divorces, since many parents want to maintain a sense of harmony for children during the holiday season in November and December.

There is also a financial component that may drive the trend of January divorces. For example, many parties may feel that if they file for divorce earlier in the year, assets such as end-of-year bonuses will not count towards total marital assets. Many tax professionals also advise couples to wait until the new year in order to consider additional legislation and potential tax breaks.

What You Need to Know About NJ’s New Drunk Driving Penalties

December 5, 2019 | by Aretsky Law Group

On December 1, New Jersey introduced a new law governing penalties for drunk drivers.

About the Regulations

The new regulations limit suspensions for first time offenders with a BAC below .15%. Instead, these drivers must install in-car breathalyzers that prevent vehicles from moving if the driver has a BAC of .05% or more. This protocol is in place for three months until a year, depending on the specific case.

Equitable Distribution vs Community Property in a Divorce

November 29, 2019 | by Aretsky Law Group

Arguably, the equitable division of shared assets is one of the primary concerns that couples consider when proceeding with a divorce. According to New Jersey law, equitable distribution is defined as the “distribution of the property, both real and personal, which was legally and beneficially acquired by them or either of them during the marriage”. Marital assets are typically defined as those which are acquired between the date of marriage and the date on which the complaint for divorce is filed.

Notably, there is a distinction between equitable distribution and community property. In states that practice equitable distribution, assets acquired during marriage belong to both parties regardless of title to said property. During a divorce, this property may be distributed by the courts in a variety of ways.

Factors often include:

Eighteen New Jersey Medical Professionals Face Charges

September 30, 2019 | by Aretsky Law Group

Eighteen New Jersey medical professionals have faced legal trouble during the past year due to reasons such as opioid, sex, fraud, or stabbing charges involving patients. Some of these cases include a registered nurse who stabbed a 10-year old autistic child with a needle when he was behaving disruptively. The nurse, Naomi Derrick of Sicklerville, supposedly threatened the autistic child with a needle while he was being hospitalized in an Atlantic City psychiatric unit.

According to reports from the Office of Attorney General, Derrick stabbed the child at least six times throughout the duration of the 12 hour shift. Derrick’s conduct was recorded using a security camera found in the room, which revealed footage of her stabbing the child on his “upper arm, thigh, kneecaps, [and] foot and hand” resulting in an accumulation of blood droplets. Derrick claims she did not actually stab the child, but did admit to using the needle as a threat to encourage good behavior.

Other cases of poor ethics in the New Jersey medical community include individuals who have been accused of taking bribes, such as the case of a Bergen County pharmacist, Eduard Shtindler, who is charged with conspiracy for health care fraud. Shtindler supposedly paid kickbacks to a Hudson County based psychiatrist in order to provoke the doctor to direct his patients to the pharmacy that Shtindler owns in West New York. This scheme resulted in nearly $3 million worth of medications prescribed by the doctor which were filled by Shtindler’s pharmacy.

Understanding Joint Custody in a Divorce

September 24, 2019 | by Aretsky Law Group

When pursuing a divorce, child custody is one of the primary factors to consider for parents. Historically, women in the United States have traditionally assumed the role of primary caretaker following a divorce. However, this trend has changed, which has opened up a larger dialogue and debate about the pros and cons of joint custody agreements.

What Are Joint Custody Agreements?

Joint custody agreements allow both parents to have equal responsibilities in the child-raising process.

Understanding Low-Conflict & High-Conflict Divorces

September 20, 2019 | by Aretsky Law Group

As with any relationship-conflict, divorces exist on a wide spectrum of high and low conflict. Generally, many low-conflict marriages can result in low-impact divorces, while high-conflict marriages typically lead to high-conflict divorces. When trying to assess the conflict level of your relationship with a partner that you are going through a divorce with, consider these factors:

Mediation

Low-conflict marriages are typically low-conflict divorces. As such, these divorces can sometimes be settled with meditation, which can be a less expensive alternative to divorce. A successful mediation can result in a friendly divorce after proceedings. Alternatively, high-conflict divorces often require more significant litigation in order to protect assets and secure favorable custody agreements if children are involved.

Newark Nursing Home Assistant Charged with Death of 85-Year Old Resident

September 18, 2019 | by Aretsky Law Group

Newark, NJ citizen and nursing home assistant Monique Beaucejourwas recently charged for the manslaughter of 85-year old Fannie McClain, who perished while under Beaucejour’s care at Waterview Nursing Home in Cedar Grove, NJ.

According to officials, Beaucejour was aware of McClain’s fall and consequent head injury on August 13, 2019. However, despite McClain’s declining medical condition, Beaucejour neglected to find assistance, and instead blamed the fall on another patient who was suffering from dementia. In fact, she left McClain alone and re-entered the room nearly thirty minutes after the fall, while pretending that it was her first time seeing McClain in the deteriorated state. As a result, McClain suffered three deep wounds on her head, a broken neck, and a brain bleed. For this reason, Beaucejour is currently being charged with reckless manslaughter, obstruction, and neglect of the elderly.

The Waterview Center has responded to this incident claiming that, “We are very concerned about this incident as the safety and well-being of our residents is our highest priority…”. Despite this statement, this incident shines a light on the rising amount of nursing home abuse cases in both New Jersey and the United States.

Governor Murphy Signs New Law to Impact Car Accident Injury Victims

September 14, 2019 | by Aretsky Law Group

New Jersey governor Phil Murphy recently passed a lawthat erases rules that previously “slammed New Jersey auto accident victims with up to $250,000 in medical bills” for accidents that were not the victim’s fault. The law is designed to help those who purchase cheaper auto insurance plans that can leave them with insurmountable amounts of debt in the event of a car accident.

In addition to a comprehensive $250,000 personal injury protection plan that comes with most New Jersey car insurance policies, the state also permits a less expensive option that only covers up to $15,000 in personal injury protection. While this option can be a less costly month-to-month alternative, it can set drivers back tens of thousands of dollars even if they are not at fault for their accident.

The legal action has been inspired by the story of 27-year-old Josh Haines, a New Jersey resident who was saddled with tens of thousands of dollars in debt after a car accident he was involved in eight years ago. According to Josh, “’I’m left in the dark … this was eight years ago and it’s still setting me back.’” In 2011, Josh was driving from Camden County Community College when he was struck by a vehicle that was hydroplaning. His medical bills totaled $30,000, which is nearly double what his less-expensive insurance plan covered.

Schizophrenic Patient Dies from Starvation in New Jersey Medical Facility

September 11, 2019 | by Aretsky Law Group

After three months of hospitalization for schizophrenia, a 29-year old New Jersey resident Michael Vecchio has passed away after facing starvation for thirty days. Consequently, his mother Beth is suing the facility,Greystone Park psychiatric Hospital in Parsippany. The suit, filed by the patient’s mother, accuses the facility of wrongful death and negligence.

According to the hospital staff, Michael refused to eat because he claimed that he was a “‘Zen master’ and like Gandhi, would not eat”. Michael’s family is asserting that the facility should have still provided Michael adequate care given the fact that he was actively psychotic and thereby incapable of making appropriate medical decisions for himself. Unfortunately, following the irrational demands of patients is often the case in many instances of neglectful care.

Vecchio’s death is only one example of the many cases of negligent care for mentally ill patients. For example, many poorly operated care facilities use the patient’s refusal of care as an excuse to not perform their job properly.

A Guide to Prenuptial Agreements in New Jersey

September 5, 2019 | by Aretsky Law Group

If you are entering a New Jersey marriage, it may be wise to consider a pre-nuptial agreement before officially tying the knot.

What is a Prenuptial Agreement?

A prenuptial agreement is a popular way to safeguard your assets and financial security in the event of a divorce. Prenuptial agreements protect a variety of pre-marital assets including real estate, investment accounts, trusts, and foreign assets. Notably, if a couple is seeking a prenuptial agreement in the state of New Jersey, both parties must disclose all assets and obtain independent legal counsel.