Family Law

• Divorce
  Collaborative Divorce: The couple and their respective attorneys will work together with a team of experts to make come to a decision about the outstanding matters of their divorce. When a collaborative divorce is unsuccessful, it will go to court and both spouses are required to retain new attorneys during litigation.
• Child Support
  Parents in New Jersey are financially responsible for their children until they turn 19 years old and can be emancipated. This is true even if the parents get divorced. In these situations, the parents will have to come up with a child support arrangement to ensure that the child’s needs are being met. In many cases, parents disagree on a child support arrangement and need the court to either decide for them or enforce it on their behalf. The court will always come up with a child support arrangement that is in the best interests of the child. Mark McAuliffe of McNerney & McAuliffe has decades of experience helping parents navigate the challenges of divorce when children are involved. Contact our firm today to learn how Attorney McAuliffe can help.
• Child Custody and Visitation
  All divorces are complicated but when children are added to the mix, the matter becomes that much more challenging. When parents split up, the children often get torn between the two and will have to divide their time between each parent. Child custody is one of the most emotional decisions in any divorce, as it has such a major impact on every member of the family. The court will always try and act in the best interests of the children but this does not mitigate the impacts of losing time with both parents. If you need an attorney that can represent your interests during a child custody matter, you can count on Mark McAuliffe. For decades, Attorney McAuliffe has represented clients throughout New Jersey in an effort to help them obtain the best possible outcome in their family law matters. Contact McNerney & McAuliffe today to schedule a consultation with Attorney McAuliffe and learn how he can help.
• Adoption
• Paternity
• Premarital Agreement
  When a couple makes the decision to take their relationship to the next level, they often start discussing finances and marriage. Though no one wants to think about the end of a marriage before it even begins, it is important to take steps to protect your assets. Clients going through a divorce often find themselves head to head when it is time to divide their assets. However, a prenuptial agreement can make this process much easier. The unfortunate stigma of a prenuptial agreement results in many unprepared couples in the event that they do get divorced down the road. Mark McAuliffe understands how important it is to protect the assets you have worked hard for. Contact McNerney & McAuliffe to discuss a prenuptial agreement with Mr. McAuliffe today.
• Guardianship
  Mark handles Probate Litigation matters and counsels Administrators and Executors of Testate and Intestate Estates. He has litigated numerous disputes between Beneficiaries, Executors and Administrators. He has both compelled and produced estate accountings. Mark has been Court appointed to represent alleged incompetent persons in Guardianship proceedings, and has petitioned the Court for the appointment of Guardians.
• Spousal Support
  Divorces can be complicated. In some situations, the court requires one spouse to provide financial support to the other, even after they are no longer married. This is referred to in New Jersey as spousal support or alimony. This support, in most cases, is temporary until the dependent party can provide for themselves. Regardless of whether the dependent spouse worked to support the family or put their career on hold to raise children, they may need financial support to help them get on their feet after the divorce. If you are facing divorce and need strong legal representation, contact Mark McAuliffe today to schedule a consultation.
• Child Abuse
  For example, say a parent’s criminal history entails domestic violence, child abuse, spousal abuse, or kidnapping. The court will then conclude that the parent tends to act violently, which may pose a threat to the child’s immediate safety. In this scenario, the possibility of joint custody rights is slim.

Criminal Law

• Criminal Defense
  If you have been charged with a crime in New Jersey, many aspects of your future are in jeopardy. Of course, some crimes are more serious than others but it is important that you retain the services of an experienced criminal defense attorney who can effectively represent your interests. At McNerney & McAuliffe, we have helped preserve the future of many clients who face criminal charges. With so much on the line, experience counts. Our firm has nearly 50 years of combined experience representing clients who are facing serious criminal charges. Contact McNerney & McAuliffe today to schedule a consultation with a skilled and experienced legal team.
• DUI/DWI
  When a person goes to a bar or restaurant and consumes alcoholic beverages, it is important that they plan a safe way home in advance. With so many options, such as Uber, Lyft, traditional taxis, or simply asking a friend to be the designated driver, it is always shocking to hear about accidents involving drunk drivers. Of course, they still happen far too often and cause innocent victims to become seriously injured or even killed. In an effort to reduce some of the drunk driving accidents in New Jersey, the state has enacted Dram Shop Laws. These laws hold bars and restaurants accountable for over-serving an individual who was clearly intoxicated and then went on to cause injuries to others in a drunk driving accident.  If you have been seriously injured because of a drunk driver in New Jersey, you can count on the legal team at McNerney & McAuliffe to help you hold the responsible parties accountable. Contact our firm today to schedule a consultation.
• Wrongful Death
  Any time a family loses a loved one, they may be devastated. When another person’s negligence is the reason for their death, the situation is even more shocking because the passing is simply so unexpected. Often, an unexpected loss comes with financial burdens as well, including medical bills, funeral expenses, and loss of household income. The attorneys at McNerney & McAuliffe understand that no amount of recovered compensation can bring back your loved one but it can help offset some of the financial burdens that such an unexpected passing can bring. Our team is committed to compassionately guiding you through each step of the wrongful death claims process. If you lost a loved one due to the negligence of another party, contact McNerney & McAuliffe today to schedule a consultation.
• Traffic Violations
  Motor vehicle accidents happen far too often on New Jersey’s congested network of roads and highways. These accidents are often caused by the negligence of one or both parties involved, such as reckless driving, using a mobile device behind the wheel, driving while intoxicated, speeding, and more. With so many types of vehicles on the road, anyone can get into an accident. While we have significant experience handling car, motorcycle, and truck accident cases, we take cases involving many other situations, including bicycles, Uber & Lyft, pedestrians, taxis, trains, subways, and much more.
• Sex Crimes
  Our firm also handles juvenile crimes, sex crimes, and can guide you through the expungement process should you become eligible. If you need an experienced team of criminal defense attorneys, contact McNerney & McAuliffe today.
• Fraud
• Robbery
• Drug Crimes
  Drug Crimes: The state of New Jersey takes drug crimes very seriously, especially those that contribute to the opioid epidemic plaguing the region. If this is your first arrest for a drug-related charge, there is a good chance one of our attorneys can get you placed in a diversion program that will keep any conviction off of your record. A conviction of a serious drug offense can lead to jail time, probation, treatment programs, fines, community service, among others. Even a small possession charge can end up on your criminal record and may result in the suspension of your driver’s license. Some of the many drug offenses we have experience representing include...
• Assault
• Murder
  Any negligent act that results in the death of another individual may be considered wrongful death. In fact, even an intentional act of murder qualifies survivors of the victim to file a wrongful death action. The following are examples of negligent acts that can cause a wrongful death...
• Juvenile Crimes
• Homicide
  He is Certified by the New Jersey Supreme Court as a Criminal Trial Attorney. He defends individuals and corporations charged with indictable crimes and lesser offenses ranging from Homicide to Harassment. He has handled thousands of traffic-related matters and offenses. Mark frequently represents children charged with Juvenile Delinquency offenses in the Family Court.
• Shoplifting
• Restraining Order
  Mark P McAuliffe also serves as a pro bono attorney through the Alternatives to Domestic Violence Program in Bergen County, New Jersey. In this capacity, Mr. McAuliffe represents victims of domestic violence in their quest to obtain final restraining orders.
• Kidnapping
  One of the major issues our firm sees in terms of relocation is when a parent unlawfully removes a child from not only the state of New Jersey but from the entire United States. If the court did not approve a relocation with that parent they are violating a court order, which is very serious. It is also important to note that when a parent removes a child from the country, it becomes an international matter that may be handled by The Hague Convention. These laws will apply if one parent accuses another of kidnapping the child and removing them from the United States.
• Manslaughter

Employment Law

• Workers Compensation
  Workers’ compensation is a form of “no-fault” insurance that provides immediate benefits for medical bills and lost wages as a result of an injury on the job. The Division of Workers’ Compensation was created in New Jersey to ensure that workers could receive benefits after becoming injured on the job without having to sue their employers. Workers’ compensation laws in New Jersey requires most employers to provide benefits for injured workers. It is important to note that injured workers are not permitted to take legal action against their employer.

Property Law

• Premises Liability
  According to New Jersey state laws, a property owner is responsible for keeping their surfaces clear of hazardous conditions, to a reasonable extent. If a property owner knew or should have known about a hazard, they may be liable for the injury sustained by another person. In the case of weather-related conditions, a town or county will have guidelines that detail a property owner’s responsibility. Most cities and towns have laws that establish how quickly snow and ice should be removed from a premises after a storm. If a property owner neglects to clear a public surface and you are injured because of that inaction, you may be entitled to recover damages. Accordingly, other hazards are supposed to be handled in a timely fashion as well. If you have been injured on municipal property, you can recover damages for your injuries as well. The major difference is the statute of limitations. In New Jersey, the statute of limitations on a slip and fall accident that occurred on private or commercial properties is two years. If the accident happened on the surface of federal, state, or municipal property, you have less time, which varies with the responsible parties. This shorter deadline is referred to as a Notice of Claim, which simply informs the other side that you plan to take legal action against them.
• Property Damage
  In New Jersey, the two categories of recoverable damages are economic loss and pain and suffering, assuming the accident was not your fault. Economic losses, or out-of-pocket expenses, include wage loss, property damage, and unpaid medical bills. Pain and suffering, or non-economic damages, are more complicated to recover. You have the right to recover compensation for the immediate pain and suffering, but also the impact on your quality of life. The accident may affect your future quality of life and should be considered when discussing your case.

Health Law

• Personal Injury
  For years, the attorneys at McNerney & McAuliffe have proudly represented the injured people of New Jersey. We have experience handling a variety of claims and helping clients recover the best possible award. Some of our personal injury practice areas include the following...
• Auto Accidents
• Dog Bites
  Dog bites are taken very seriously throughout the state of New Jersey. New Jersey is a strict liability state, meaning that a dog’s owner can be held responsible if the dog attacks another person. It is important to note that this is true even if the dog does not have a vicious propensity. This is only true if you were attacked by the dog on public property or if you were lawfully on someone’s private property. However, if you were trespassing on the dog owner’s private property or if you taunted the dog, the owner may not be held responsible because you hold some level of responsibility.
• Slip and Fall Injury
  In New Jersey, slip and fall accidents happen every day. If you have been the victim of a slip and fall accident, you have a lot to consider about your future and you need to protect yourself. Most cases of slip and fall injuries will occur on a pedestrian surface like a street, sidewalk, or parking facility. Slip and fall accidents can also take place in a number of other locations, such as a supermarket, hotel, retail store, an apartment building, or someone else’s private residence. They are often caused by conditions that may include...

Trusts and Estates

• Estate Planning
  The purpose of an estate plan is to avoid issues when someone passes. When a person is lost, those left behind should be able to focus on healing, not exploring their legal options. That said, even the most comprehensive estate plan can face its share of issues. Beneficiaries, those who have a stake in an estate, may need to take legal action for a number of reasons in order to protect their inheritance and the integrity of the estate. We also represent executors, fiduciaries and any other party facing estate litigation proceedings. Many of these legal matters will need the skill of a trial attorney. McNerney & McAuliffe is comprised of certified trial attorneys with decades of experience in the courtroom. If you are a beneficiary and need an attorney, our firm is ready to guide you through your legal options, help you make informed decisions, and represent you when the time comes. For a consultation with our firm, contact McNerney & McAuliffe.
• Wills
• Trusts
• Probate