Common Law

June 10, 2013

What is RPC Rule 1.16?

New Jersey has established the Rules of Professional Conduct for attorneys. Rule 1.16 of the Rules of Professional Conduct deals with the termination of professional services. It is possible for a NJ attorney to withdraw from any case when a client requests that the attorney engage in behavior that he fundamentally disagrees with. RPC Rule 1.16 deals with the specifics of how and when a NJ attorney can withdraw from representation.
May 23, 2013

What is a Common Law Marriage?

When a couple presents themselves as husband and wife and cohabitates for a substantial period of time they can be deemed married without the issuance of a marriage license or a ceremony.  Usually the couple dwells together for at least a year and are in an agreement to become married at a later date. Every state does not recognize or permit common law marriages. However, in most cases if a couple becomes “married” by common law in another state sister […]
May 21, 2013

Is Common Law Legal in NJ?

New Jersey is a common law state. In the United States there are two basic legal systems which govern marital property: common law and community property. The community property system is founded on Spanish law and is usually practiced in the western and south western portions of the United States. Alaska offers couples the right to opt in for community property. Common law, on the other hand has its foundation in English law and it is what governs most of […]
May 18, 2013

What is Common Law?

The term Common Law refers to a legal system which is for the most part formed by decisions that have been made by the courts rather than on written laws and regulations that are imposed by government officials or legislatures. Reasoning per each case is necessary to interpret common law. It is based more on a principle and reasoning through particular circumstances to evaluate a case and determine what laws are actually applicable. This means that decisions which have been […]