In 2007, the “Irreconcilable Difference” divorce bill was signed into law in New Jersey, allowing for true no-fault divorce. In order to file a divorce under Irreconcilable Differences in New Jersey, the following requirements must be met:

1. You or your spouse must have been residents of New Jersey for 12 consecutive months before filing the divorce complaint.
2. You and your spouse must have experienced irreconcilable differences for at least six months.
3. The irreconcilable differences indicate that the marriage should be dissolved.
4. There is no reasonable prospect of reconciliation.

There is no requirement that you and your spouse live in separate residences prior to filing the complaint for divorce. In fact, many people, often for financial reasons, are choosing to file for divorce while still living together. This may occur when the spouses need the division of assets to be complete before they can afford to move and/or live on their own.

Prior to the the Irreconcilable Differences law taking effect in 2007, spouses had to be living separate and apart for at least 18 months or allege fault grounds, such as extreme cruelty, in order to file a complaint for divorce. The requirement of alleging fault grounds often started the divorce process with additional emotional stress and tension between the parties and that can be avoided with filing under the Irreconcilable Differences provision of the law. Call Laurie at (856) 438-0868 if you would like to schedule a free consultation to discuss divorce or related issues.

In municipal court in New Jersey, a plea bargain is an agreement between you and the state that allows you to plead guilty to a lesser offense, combine certain offenses into one offense, and/or dismiss certain offenses. A plea agreement generally results in a lesser fine or other penalty. It is important to note that the prosecutor, who represents the state, is not required to offer you a plea agreement, and there may be circumstances where the prosecutor will not agree to a plea bargain. If you enter into a plea agreement in municipal court, you will usually have to put a factual basis on the record when you appear before the judge, which means that the judge will ask you questions about the incident that brought you to Court and then the judge will decide whether or not to approve the plea agreement. The prosecutor may recommend a fine to the judge, but the judge makes the final decision to approve the plea bargain and on the amount of fines. After you appear before the judge, you must pay your fines and court costs that day. If you cannot afford to pay the fines and costs in full, the judge may be willing to let you enter into a payment plan depending on your financial circumstances.

It is important to note that you are giving up certain rights, such as the right to a trial, if you enter into a plea agreement and that there may be other consequences as a result of the plea to a different charge, such as points on your license, higher fines, or insurance surcharges. If you are seeking a plea agreement in municipal court, it is a good idea to retain legal counsel to fully explain all consequences to you and to negotiate an agreement for you with the prosecutor. Call Laurie at (856) 438-0868 for all of your municipal court needs.

In New Jersey, it is against the law to operate a motor vehicle with a blood alcohol concentration of 0.08% or more. If a person’s blood alcohol concentration is greater than 0.10%, the penalties are more severe. A DUI offense is a motor vehicle offense by law and not a criminal offense in New Jersey. If you are found guilty or plead guilty to a DUI, the offense will remain on your driving record permanently. However, since it is not a criminal offense in New Jersey, the DUI will not show up on a criminal background search.

New Jersey has very strict penalties for DUI offenses, and it is a very costly offense with fines, surcharges, and fees. In addition, there are secondary costs, such as an increase in car insurance rates. The New Jersey Supreme Court has also ruled that there are no plea agreements permitted in DUI cases, which means that the municipal court judge cannot allow the DUI offense to be downgraded to a different charge in return for a guilty plea. However, it is important to be represented by counsel if you are charged with a DUI because the attorney can ensure that the traffic stop was legal and that the blood alcohol concentration readings are accurate and obtained in the proper way. Finally, an attorney can negotiate for other charges in addition to the DUI to be downgraded or merged into the DUI and make an argument for the minimum sentence.

The local court in your community is known as the municipal court. Municipal Courts in New Jersey are the courts where motor vehicle offenses, minor criminal-type offenses (such as simple assault, minor drug and alcohol offenses, or theft of property worth less than $200.00), municipal ordinance offenses (such as noise violations or building code violations) are heard. Every municipality has its own municipal court that has jurisdiction only over the cases that occur within its boundaries. It is important to take an appearance in municipal court seriously because the penalties for the various offenses can include jail time, fines, motor vehicle points and surcharges, and/or suspension of a driver’s license. Usually you receive a ticket or summons telling you that you must appear in municipal court on a specific date and time. If you fail to appear on the date and time indicated, the Court may issue a warrant for your arrest.

You can appear and request a postponement if you need time to obtain an attorney or to prepare your defense, but you must request the postponement in person from the Judge. There are several reasons that you may request a postponement, including for time to obtain the discovery. Discovery allows each party to request relevant information and documents from the other side, including police reports, photographs, laboratory results. It can take time for the other side to provide the information to you, which could result in your case being postponed for the exchange of discovery. Another reason to request a postponement is for time to consult with or to retain an attorney. Usually the municipal courts will grant one postponement request for you to retain an attorney, but it is a good idea to contact an attorney as soon as possible after receiving a ticket or summons for municipal court.