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New Jersey And Pennsylvania Legal Blog

Tracking a spouse during divorce becoming more common

Due to the affordability and ubiquity of GPS tracking devices and spyware, checking in on a spouse’s whereabouts and activities is alarmingly frequent in divorce. This can involve things like checking email and monitoring social media posts, of course, but there is much more to it than that.

For example, National Public Radio recently aired a piece on a woman going through divorce who discovered that her soon-to-be ex had placed a tracking device on her car, without her knowledge, months after she filed for divorce. While clearly unethical, the law can be cloudy when it comes to things like placing GPS tracking devices on vehicles. In this case, because the husband owned the car jointly with his wife, prosecutors did not press charges.

More than 10,000 people died in 2016 in alcohol-related crashes

As long as vehicles and alcohol have been around, the issue of operating a motor vehicle under the influence of alcohol has been "a thing." As the years have passed, cars have become more powerful, but also safer. Alcohol has become more widely available, and is enjoyed by many people all across the country. But the cross section of these two activities remains a problem.

According to the National Highway Traffic Safety Administration, 29 people die every day in a drunk driving-related accident. Even though drunk driving deaths have steadily fallen in the last few decades, there are still far too many people that lose their lives as a result of a driver's negligent decision to consume alcohol and operate a vehicle. In 2016, 10,497 people died in alcohol-related accidents.

Digital spying becoming common in divorce

Due to the affordability and ubiquity of GPS tracking devices and spyware, checking in on a spouse’s whereabouts and activities is alarmingly frequent in divorce. This can involve things like checking email and monitoring social media posts, of course, but there is much more to it than that.

How can I properly utilize my child support payments?

The question posed in our title may seem like a silly one, but the fact of the matter is that many parents that receive child support incorrectly think that there are only certain ways that they can use child support. To the contrary, child support is actually a very flexible form of compensation that has a lot of utility. Let's examine how this critical part of so many divorces -- and post-divorce lives -- can be used.

To begin, child support covers some of the obvious financial costs that come with rearing a child. So, this means child support can be used to buy your son or daughter clothes that they need. It can also be used to pay for rent so that your child has a home to stay in, as well as help cover grocery bills so that your child has food to eat.

How and why a prenup can be invalidated

There are plenty of practical reasons to have a prenuptial agreement, and the contract can go a long way towards providing a soon-to-be-married couple with legal security about their property, assets, and other valuables in case of a divorce or other unforeseen circumstance. However, many people assume that a prenuptial agreement -- for all the good they can do -- are impregnable contracts that can't be legally challenged.

This couldn't be further from the truth. Prenuptial agreements can absolutely be challenged in court, and there are a variety of circumstances that can lead to a prenup being overturned entirely, or just partially. So what are those circumstances? Let's look at a few common ones:

Sexual Harassment

womenandallies.jpgFor the past few months, allegations of sexual harassment and assault against high-womenandallies.jpgprofile celebrities and officials have dominated national headlines and social media. The ensuing #MeToo Twitter trend provided a platform for the world to speak out about sexual assault. Many of these sexual harassment and assault allegations occurred in a workplace setting where both men and women can be particularly vulnerable. 

Drug use down among teens, with one notable exception – marijuana

Driving while high is an increasing danger

There is good news on the fight to reduce drug abuse in America. Even in the midst of an opioid epidemic, the use of alcohol, heroin and cocaine is down among teenagers across the U.S. The one exception is marijuana, which has become less stigmatized in recent years and is, of course, now legal in a number of states.

Adopting abroad? Don't forget to re-adopt at home.

Adoption can be a lengthy, stressful and expensive process. It's a joyful occasion when, after months of hoping and worrying, you can finally hold your new baby in your arms. However, if you adopted in another country, there is an important final step you should consider taking once you've brought your child back to the United States. The process is known as "international re-adoption", which is a validation of your international adoption by the U.S. government.

In most states in the U.S., the requirement for international re-adoption is dictated by the circumstances of the case. In the vast majority of states--including New Jersey and Pennsylvania--re-adoption is an option for all international adoptions, but not a requirement. There are circumstances, though, under which it is compulsory. Parents are always required to pursue international adoption for children entering the country on an IH-4 or IR-4 vis a. In Pennsylvania, re-adoption is also mandatory if is it determined that the adoption abroad was not finalized properly.

Your Last Will & Testament Probably Does NOT Govern the Distribution of All of Your Assets

Many people are under the false assumption that their Last Will & Testament dictates who receives ALL of their assets upon their passing. However, there are two different will.jpgtypes of assets in your estate, specifically, probate assets and non-probate assets.

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