Blogs | McNerney & McAuliffe Law Offices

What Information Does My Attorney Need for Seeking Alimony?

Since an alimony order is not guaranteed, you must feed your attorney with as much financial information as possible. Continue reading here.

What System Does NJ Use When Dividing Property?

As you part ways with your spouse, you may also have to say goodbye to certain assets, thanks to a certain property dividing system. Read on.

Should I Go to the Hospital After My Car Crash?

If a responding officer asks if you would like to be transported to the hospital after your car crash, you should say yes. Follow along here.

How Do Courts Handle Cryptocurrency Disputes in Divorce?

Even though you may not know how cryptocurrency works, you must fight for a fair share of this marital property in your divorce. Read on.

Can I Get a Divorce if My Spouse Lives Abroad?

If your spouse has moved abroad before you were able to serve them divorce papers, you may wonder if you still have this opportunity. Read on.

What if My Spouse Refuses to Sign Divorce Papers?

Your spouse may ignore the reasons why you want a divorce and even refuse to sign the papers you serve them with. Follow along to learn more.

Will a Court Order Parallel Parenting in a Custody Case?

If two parents do not see eye to eye on most things, the court may seriously consider ordering a parallel parenting plan. Continue reading.

What Are the Penalties for a Hit-and-Run Accident?

Even if you were not at fault for an accident, committing a hit-and-run may be considered a serious criminal offense. Continue reading here.

Does a New Jersey Court Grant Grandparent Rights?

The NJ family court may not automatically grant grandparent visitation rights, but they may accept a petition for it. Continue reading here.

How Is Visitation Enforced if a Parent Refuses to Comply?

The court may intervene to rectify a situation where one parent refuses to comply with the enforced visitation. Continue reading here.

Can I Include Future Expenses in a Child Support Order?

You may worry your child’s future expenses will go on the back burner with your current child support order. Read on to discover more.

What Happens to Pets in a Divorce?

You may view your pets as part of the family, and may be particularly concerned with what happens to them in your divorce. Follow along here.

How Do I Prove Negligence Caused My Injury?

Simply put, you do not have a valid personal injury claim if you cannot prove that negligence existed in your accident. Continue reading here.

Can My Ex Be Required to Pay for My Child’s Therapy?

Your ex may disagree with your concerns and refuse to pay for your child’s therapy. Follow along to find out how to get the court involved.

Celebrating Families Through Step-Parent Adoption

We recently had the privilege of representing a client at their Step-Parent Adoption hearing, a truly uplifting and meaningful milestone.

What if My Ex Takes My Kid Out of State Without Permission?

If your ex moves your kid out of state without your permission or a court order, they may be charged with parental kidnapping. Read on here.

Will I Go to Jail for Not Paying Child Support?

If a judge believe you had a willful neglect to fall behind on your child support payments, they may sentence you to jail. Follow along here.

How Do I Change My Name After a Divorce?

One of the most symbolic things to do to get a fresh start after your divorce is to change your last name back. Follow along to find out how.

How Does a Criminal Record Affect Custody?

Even if your criminal record is from a long time ago, this history may resurface when you are fighting for custody rights. Continue reading.

What Is the Impact of Cohabitation on Alimony?

If you still depend on your former spouse for alimony, you may want to think twice before entering a cohabitation arrangement. Follow along.

How Do Courts Treat Addiction in Divorce Cases?

The court may take your spouse’s addiction into deep consideration when they are deciding on child custody and alimony. Continue reading.

What Is the Statute of Limitations for a Personal Injury Claim?

The statute of limitations for a personal injury claim in the state of New Jersey is generally two years. Continue reading to learn more.

Can I Get Divorced in a Different State than New Jersey?

Learn the rules behind getting divorced in a different state than where you got married, and how a Bergen County divorce attorney can help.

How Does a Restraining Order Affect Custody?

If you request a temporary restraining order, it may influence your existing or pending child custody arrangement. Follow along here.

What Does “Best Interest of a Child” Mean in Court?

While you may have your preference for a child custody arrangement, the court may decide based on the best interest of your child. Read on.

Are Text Messages Admissible in a Divorce?

You may think the family law judge handling your divorce case would benefit from accessing your text messages with your spouse. Follow along.

Does a Nesting Arrangement Work?

If you wish for every household member to still enjoy your home post-divorce, you may consider if a nesting arrangement will work. Read on.

What Are My Rights During a Traffic Stop?

You may have heard of the Miranda Rights, but you may forget the details if you’re in a panicked state during your traffic stop. Follow along.

Can a Parent Regain Custody if it Is Lost?

You may be rooting for your child’s other parent and encourage them to regain custody rights once they turn their life around. Follow along.

What If My Ex Hides Income to Reduce Child Support?

You may not be surprised if it is revealed that your ex hides part of their income to reduce their child support order. Continue reading.

Is There a Waiting Period for Divorce in NJ?

You may want your divorce process to be as quick as possible, but you may wonder if the court will impose a waiting period. Continue reading.

What Happens if I Cannot Pay Child Support Anymore?

Circumstances beyond your reasonable control may make it that you cannot afford to pay child support anymore. Continue reading to learn more.

Who Can I Sue for an Airbag Injury?

You may want to sue if an airbag failed to function correctly and caused you unwarranted or heightened injuries. Continue reading here.

How Are False Abuse Allegations Dealt with in a Custody Case?

Your spouse may make false abuse allegations against you to attempt to get full access and control of your child post-divorce. Follow along.

Can a Prenuptial Agreement Be Challenged in Court?

You may regret what you initially signed off on and subsequently hope that your prenuptial agreement can be challenged. Follow along here.

What Factors Do Courts Consider in Custody Decisions?

When it comes to custody decisions, the courts weigh factors that have everything to do with the child’s best interests. Read on here.

Can I Relocate My Child Without Their Father’s Consent?

Even if you have primary residential custody, you cannot relocate your child without their father’s or the court’s consent. Continue reading.

What Are the Varying Theft Offenses in New Jersey?

Extenuating circumstances may make theft offenses more or less severe of a crime by New Jersey law. Read on to discover more here.

What if My Ex Dates Someone Else During Our Divorce?

If you ex dates someone else during your divorce case, you should not let your emotions get the best of you. Read on to discover more.

Can Custody Arrangements Be Changed After a Divorce?

Custody arrangements can be changed post-divorce if the current agreement no longer serves your child’s best interest. Read on here.

What Is Community Property Vs. Equitable Distribution State?

The property division process you are subjected to depends on if you reside in a community property or equitable distribution state. Read on.

Can a Child Choose Which Parent to Live With?

You may be surprised when your child wants to choose which parent to live with after your divorce. Read on to discover how this works.

What if I Slip and Fall on a Sidewalk Due to Weather-Related Conditions?

Learn what to do if you slip and fall on a sidewalk due to the weather and how a Bergen County slip & fall accident attorney can help you.

What Are My Rights if My Spouse Is Abusive?

We urge you to exercise your rights if your spouse is abusive towards you. Follow along to find out how to protect yourself from harm.

What Is a Separation Agreement?

You may lay out the terms of your separation from your spouse through a legally-binding separation agreement. Continue reading here.

Can I Change My Mind After Filing for Divorce?

After you and your spouse take some time to cool off, you may change your mind about getting a divorce. Read on to discover what to do here.

Can I Keep the Gifts I Received During My Marriage?

Continue reading to learn whether you can keep the gifts you receive during your marriage and how a Bergen County attorney can help you.

What Are the Penalties for Possession of a Controlled Substance?

State law enforcement officers conduct thousands of arrests for possession of controlled substances every single year. Continue reading here.

What Are the Legal Requirements for a Divorce?

You must meet the legal requirements for divorce in New Jersey before you even think about filing for one. Read on to discover more.

What Financial Mistakes Should I Avoid in a Divorce?

In your divorce proceedings, financial disputes may get out of control and cause you to make certain mistakes. Read on to discover more.

How Do I Avoid Hurting My Credit Score During Divorce?

Moving around marital assets and debts during your divorce may be hurting your credit score for the long term. Read on to discover more.

How Are Debts Divided in a Divorce?

Continue reading to learn how debts are typically divided in a divorce and how a Bergen County equitable distribution attorney can help you.

What Are My Responsibilities to Avoid a Tire Blowout?

A tire blowout causes a tire to essentially burst and then significantly impact your control over your vehicle. Read on to discover more.

What if My Spouse Threatens to Take My Kids During a Divorce?

If your spouse threatens to take your kids if you initiate a divorce filing, please do not believe this empty threat. Continue reading here.

How Does Custody Work in a Long-Distance Divorce?

A 50/50 joint child custody arrangement may be impractical if you and your spouse go through a long-distance divorce. Continue reading here.

How Should I Tell My Spouse I Want a Postnuptial Agreement?

As your marriage goes on, you may find the want and need to establish a postnuptial agreement more and more evident. Read on here.

What If My Spouse Violates Our Divorce Agreement?

A divorce agreement is a legally binding court order, so it is serious if your former spouse ever violates its conditions. Continue reading.

Can I Get Probation Instead of Jail Time?

You may wish for any other alternative punishment to jail time, such as probation. Well, read on to discover whether this is possible in NJ.

How Does Relocation Affect Custody Agreements After Divorce?

Relocation after your divorce is not necessarily smooth sailing, especially if you have primary custody over your child. Read on here.

What if I Move Out Before a Divorce?

If you move out before your divorce is finalized, you must carefully consider how it may affect your upcoming proceedings. Continue reading.

How Do I Deal with Parental Alienation?

You may question if your spouse’s behavior constitutes parental alienation and how to deal with it negatively affecting your child. Read on.

What Are the Legal Rights of a Stepparent?

As a stepparent, you may wonder what physical and legal custody rights you have over a child, if any at all. Read on to discover more.

Who Is Responsible for a Pedestrian-Bicyclist Accident?

Essentially, the fault is determined by each party’s actions leading up to the ultimate pedestrian-bicyclist accident. Follow along here.

How Hard Is it to Get Sole Custody?

Continue reading to learn how hard it may be to get sole custody over your child and how a Bergen County child custody attorney can help you.

Who Gets to Keep the Engagement Ring in a Divorce?

Once you and your spouse decide to get a divorce, you may worry about the fate of your beloved engagement ring. Continue reading here.

Can I Stop Paying Alimony if I Lost My Job?

If you have lost your job since your divorce case, you may wonder whether your alimony order will mirror this and stop. Continue reading.

How Can I Handle Asset Division in Mediation?

You may begin feeling the mounting pressure of being primarily responsible for asset division in your mediation proceedings. Follow along.

What Are the Penalties for Elder Abuse in NJ?

The state of New Jersey may consider elder abuse to be a criminal offense under certain circumstances. Follow along to find out more.

How Do I Get a Divorce in New Jersey?

You should know that the divorce process may be different in New Jersey than in other states. Read on to discover more about this.

When Is Child Support Supposed to End?

You must understand that monthly child support payments cannot and should not last forever and rather end eventually. Read on here.

Does Child Support Cover Braces?

You may wonder if your child’s noncustodial parent is equally responsible for covering their braces given your child support order. Read on.

What if My Ex Doesn’t Drop Off My Child on Time?

Read on to discover what actions to take if your ex does not drop off your child and how a Bergen County child custody attorney can help you.

How Do I Prove I Was Injured in an Accident?

For a successful personal injury claim, you must do a good job and prove you got injured in your accident event. Continue reading here.

Successful Resolution in First Degree Theft and Conspiracy Case

Recently, Mark P. McAuliffe, Esq. successfully defended a person charged with a first-degree cybercrime. Continue reading here.

Can I Date During Separation or Divorce?

If you are in the midst of your legal separation or divorce proceedings, you may want to think twice before going on a date. Follow along.

Will My Inheritance Be Protected in a Divorce?

You may be worried that your recent inheritance will not be protected in your upcoming divorce proceedings. Read on to discover more.

Victory in Domestic Violence Trial

Recently, Mark P. McAuliffe, Esq. attained a huge victory on behalf of a client being falsely accused of domestic violence. Learn more here.

Can Alimony Be Modified?

Changes in your finances in the years following your divorce may leave you to wonder if your alimony can be modified. Continue reading here.

What Happens After Divorce Papers Are Served?

You must know what to do after you are served with divorce papers, as this may make or break your case. Continue reading to learn more.

Can I Go to Jail for a Misdemeanor?

Continue reading to learn whether you can go to jail for a misdemeanor and how a Bergen County criminal defense attorney can help you.

Does It Matter Who Files for Divorce First?

In the grand scheme of things, it may not necessarily matter who files for divorce first. Continue reading to learn why this is so.

Is Child Support a Required Order in New Jersey?

Continue reading to learn if the New Jersey court is required to order child support and how a Bergen County child support attorney can help.

Can I Include Child Custody in a Prenuptial Agreement?

As a planner, you may want your prenuptial agreement to include custody orders for your unborn child. Continue reading to learn if you can.

Can I Divorce My Spouse Who Is in Jail?

You may not be living the marriage you envisioned once your spouse goes to jail, so you may be truly considering divorce. Continue reading.

What Are the Potential Dangers of Riding in a Lyft?

Even though riding in a Lyft may be a safer transportation option under certain circumstances, it may come with potential dangers. Read on.

Mark P. McAuliffe, of McNerney & McAuliffe, recently prevailed in New Jersey Superior Court on behalf of an excellent father, preventing the relocation/removal of his children from the State by a mother with joint legal and residential custody. Big win for the educational and legal rights of the children and the parental rights of a […]

How Does Custodial Time Impact Child Support Amounts?

Child support may depend on the amount of custodial time you and the other parent have over your child, down to the hour. Continue reading.

How Long Should I Keep My Divorce Records?

It is in your best interest to keep your divorce records out of sight and out of mind, rather than completely discarding them. Read on here.

When Will My Divorce Be Finalized?

With divorce being a rather unpleasant process, you may want yours to be finalized as soon as possible. Continue reading to learn more.

Does New Jersey Have Mandatory Mediation Sessions?

In certain states, mediation sessions is a mandatory step in the divorce process. Continue reading to learn if this applies in New Jersey.

Will My DWI Show Up on a Background Check?

You may not want your one-time DWI appear in your background checks and then jeopardize your opportunities indefinitely. Continue reading.

Fighting Custody Interference

Mark McAuliffe, of McNerney & McAuliffe, recently defeated a frivolous emergent application to modify a consensual custody arrangement and ensured that a loving father was not deprived of agreed-upon shared parenting during the summer months. Mark conclusively disproved materially false domestic violence allegations by focusing on the detailed and comprehensive Trial record of the case.

Forum Shopping Thwarted

Recently, Mark McAuliffe, of McNerney & McAuliffe, successfully prevented an adverse party from prevailing in an attempt to transfer Venue from Bergen County to Camden County. The litigant falsely filed a Temporary Restraining Order in South Jersey, while at the same time affirming her primary residence in North Jersey in a separate proceeding. Mark prevailed, […]

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