Our Legal Blog

Discover the top legal considerations when starting a business in New Jersey. Learn about business structures, registration, employment laws, and more with guidance from Mavinkurve & Patel LLC.

What to Do After Being Served with Divorce Papers in New Jersey

Essential Documents for a Commercial Real Estate Transaction in New Jersey

Protecting your interests during transactions is crucial to ensure the long-term success of your company. Whether entering into a new partnership, buying or selling assets, or dealing with complex contracts, taking the right steps can prevent costly mistakes and legal issues. At Mavinkurve & Patel in Piscataway, NJ, we offer practical strategies to help you safeguard your business and make informed decisions. Here are some key approaches to protect your interests during business transactions. Thorough Due Diligence Before entering into any transaction, it is essential to conduct thorough research to understand the full scope of the agreement. Due diligence allows you to assess the other parties' financial stability, reputation, and legal standing. This process helps identify potential risks and ensures that you are making informed decisions. By checking business records, financial statements, and legal documents, you can avoid unpleasant surprises down the line. Clear and Comprehensive Agreements A well-drafted contract is the cornerstone of any business transaction. It ensures that all parties understand their rights, responsibilities, and obligations. Having a clear and comprehensive agreement in place can prevent misunderstandings and disputes in the future. It’s important to include details about payment terms, timelines, deliverables, and dispute resolution methods. Consulting with a legal team to ensure your contracts are airtight can save you time and resources. Protection of Intellectual Property Safeguarding your intellectual property (IP) should be a top priority in any business deal. Whether you own patents, trademarks, copyrights, or trade secrets, ensuring your IP is properly protected during transactions can prevent unauthorized use or infringement. Consider including contract clauses defining how IP will be handled, transferred, or licensed. Taking proactive steps to protect your intellectual assets is essential for maintaining your competitive edge. Minimizing Tax Liabilities Business transactions can have significant tax implications. Understanding the tax consequences of various deals is critical to minimizing liabilities and maximizing your profits. Whether you're selling assets, merging with another company, or engaging in a joint venture, the structure of the deal can impact your tax obligations. Consult with financial and legal advisors to develop strategies to reduce your tax burden while meeting your business objectives. Protecting your business interests in transactions requires careful planning, attention to detail, and the right strategies in place. By conducting due diligence, drafting clear agreements, protecting intellectual property, and managing tax liabilities, you can position your company for long-term success. At Mavinkurve & Patel, we are committed to helping you safeguard your business and achieve your goals with confidence. Reach out to our team for tailored solutions that keep your business on track.

What Documents Are Required to File for Divorce in New Jersey?

Starting a business is an exciting venture, but it requires careful planning and legal considerations. One of the most important steps in the process is choosing the right business structure and navigating the business formation process. At Mavinkurve & Patel LLC, a law firm in New Jersey, we provide expert legal guidance to help entrepreneurs and business owners make informed decisions and set the foundation for long-term success.  Why Business Formation Matters The business formation process determines how your company is legally structured, which can impact many aspects of your operations, including taxes, liability, management, and day-to-day operations. Selecting the right structure for your business is essential for minimizing risk, protecting your personal assets, and ensuring compliance with state and federal laws. Types of Business Entities in New Jersey When forming a business in New Jersey, you have several options for structuring your company. Each type of entity has its own benefits and drawbacks, so it's important to choose the one that best suits your business goals and needs. Sole Proprietorship: This is the simplest form of business structure, where one individual owns and operates the business. It requires minimal paperwork, but the owner is personally liable for the company’s debts and obligations. Sole proprietorships are common for small businesses and freelancers. Partnership: A partnership involves two or more individuals who share ownership of the business. Partnerships can be general partnerships, where all partners share equal liability, or limited partnerships, where some partners have limited liability. It’s important to establish a partnership agreement to outline each partner’s roles and responsibilities. Limited Liability Company (LLC): An LLC is one of the most popular business structures for small to medium-sized businesses. It offers flexibility in management and provides liability protection for the owners (members). LLCs are taxed like a partnership or sole proprietorship, allowing profits and losses to "pass through" to the members’ personal tax returns, avoiding double taxation. Corporation: A corporation is a more complex business structure that provides its owners with the highest level of liability protection. Corporations can be taxed as C corporations, which are subject to double taxation (the corporation pays taxes on profits, and shareholders pay taxes on dividends), or as S corporations, which allow profits to pass through to shareholders to avoid double taxation. Corporations are ideal for businesses seeking investment or planning to go public. Nonprofit Organization: If your business’s primary goal is charitable, educational, religious, or scientific, you may choose to form a nonprofit organization. Nonprofits are eligible for tax-exempt status under IRS guidelines, but they must meet strict reporting requirements and reinvest profits back into the organization. Steps to Forming a Business in New Jersey Choose a Business Structure: The first step is selecting the type of business entity that aligns with your goals. Your choice will affect your liability, taxes, and regulatory obligations. Choose a Business Name: Your business name must be unique and not already in use by another entity in New Jersey. You can check name availability through the New Jersey Division of Revenue and Enterprise Services and reserve your name if necessary. Register Your Business: Depending on the structure you choose, you may need to file formation documents with the state. For example, an LLC must file a Certificate of Formation, while a corporation must file a Certificate of Incorporation. This step formally registers your business with the state. Obtain an EIN: An Employer Identification Number (EIN) is required for tax purposes, and you’ll need it to open a business bank account, hire employees, and file taxes. You can obtain an EIN from the IRS. File for Necessary Permits and Licenses: Depending on your industry and location, you may need to apply for specific permits or licenses to operate legally in New Jersey. This can include zoning permits, health permits, or professional licenses. Create an Operating Agreement or Bylaws: While not required for all business types, it’s highly recommended that LLCs draft an operating agreement and corporations draft bylaws. These documents outline the management structure, the roles of members or shareholders, and the procedures for handling important business matters. Comply with Tax and Regulatory Requirements: New Jersey businesses must comply with state and federal tax obligations. Depending on your business structure, you may need to register for sales tax, payroll tax, or other specific taxes. Regular filings, such as annual reports, may also be required to maintain good standing. Benefits of Hiring a Business Formation Attorney Starting a business involves more than just filing paperwork. It requires strategic decisions that can have long-term legal and financial implications. A business formation attorney can help you: Choose the Right Structure: Your attorney will evaluate your business goals, liability concerns, and tax considerations to recommend the best entity for your specific situation. Draft and Review Documents: From operating agreements to partnership contracts, an attorney can draft and review the necessary legal documents to protect your interests. Ensure Compliance: Business formation involves navigating various regulations, including state and federal requirements. Your attorney will ensure that you meet all legal obligations from the start to avoid future issues. Avoid Common Pitfalls: Many entrepreneurs make costly mistakes during the formation process, such as failing to properly register their business or misunderstanding their tax obligations. An attorney can help you avoid these pitfalls and set your business up for success. How Mavinkurve & Patel LLC Can Help At Mavinkurve & Patel LLC, we understand the challenges that come with starting a new business. Our experienced business formation attorneys are here to guide you through each step of the process, from choosing the right structure to ensuring compliance with New Jersey’s regulations. Whether you’re launching a startup, forming a nonprofit, or restructuring an existing business, our team will provide personalized legal advice and help you build a solid foundation for your company’s success. Forming a business in New Jersey is an exciting yet complex process that requires careful planning and legal expertise. At Mavinkurve & Patel LLC, we are committed to helping entrepreneurs and business owners navigate the intricacies of business formation and achieve their long-term goals. If you’re ready to start your business or need assistance with business formation matters, contact Mavinkurve & Patel LLC today for a consultation.

Domestic violence is a serious issue that affects many individuals and families throughout New Jersey. The state has stringent laws designed to protect victims and hold perpetrators accountable. If you or someone you know is involved in a domestic violence situation—either as a victim or as someone facing accusations—it’s essential to understand the legal definitions, protections, and potential consequences. In this blog post, we’ll explore what constitutes domestic violence under New Jersey law, the legal protections available, and the possible outcomes for those accused of such offenses.  What is Domestic Violence? In New Jersey, domestic violence is defined as the commission of specific criminal acts against a person who falls under a particular category of relationships. These acts can be physical, emotional, or psychological and may involve threats, harassment, or control. Under the New Jersey Prevention of Domestic Violence Act (PDVA), domestic violence includes a variety of criminal offenses such as: Assault (N.J.S.A. 2C:12-1): Any physical harm or attempt to harm, whether it involves minor injuries or serious bodily harm. Harassment (N.J.S.A. 2C:33-4): Repeated conduct that is intended to annoy, alarm, or harm the victim. Stalking (N.J.S.A. 2C:12-10): Following, monitoring, or engaging in a pattern of conduct that causes the victim to fear for their safety. Terroristic Threats (N.J.S.A. 2C:12-3): Threatening to commit violence that causes fear or disruption. Sexual Assault (N.J.S.A. 2C:14-2): Any form of non-consensual sexual contact. Criminal Mischief (N.J.S.A. 2C:17-3): Damaging or destroying the victim’s property. False Imprisonment (N.J.S.A. 2C:13-3): Restricting someone’s freedom of movement without lawful authority. Who Can Be a Victim of Domestic Violence? Under New Jersey law, a victim of domestic violence must have a specific relationship with the alleged abuser. The PDVA protects individuals who are: Current or former spouses or household members. Individuals who have a child together. Individuals who are in a current or previous dating relationship. Minors and adults who are subjected to the abusive behavior of a parent or guardian. Legal Protections for Victims of Domestic Violence Victims of domestic violence in New Jersey have several legal options to protect themselves and prevent further harm. Some of the key legal protections include: Temporary and Final Restraining Orders (TRO and FRO) One of the most effective tools for protecting victims is a restraining order. A victim can file for a Temporary Restraining Order (TRO), which provides immediate protection. If the court finds that the victim is in danger, the TRO will be granted on a temporary basis. After a hearing, the court may issue a Final Restraining Order (FRO) if it determines that the victim needs ongoing protection. A FRO can last indefinitely and offers broader protections, such as prohibiting contact, granting temporary custody of children, and even removing the abuser from a shared residence. Emergency Protective Orders If law enforcement is called to a domestic violence incident, officers may issue an emergency protective order if they believe immediate protection is necessary. Criminal Charges and Prosecution In addition to restraining orders, domestic violence victims can pursue criminal charges against the abuser. The state may prosecute the defendant for any crimes committed during the domestic violence incident, such as assault or harassment. Support Services and Counseling New Jersey provides various support services for victims, including counseling, legal aid, and emergency housing. Organizations such as the New Jersey Coalition to End Domestic Violence (NJCEDV) offer resources to help victims regain control of their lives. Consequences for Those Accused of Domestic Violence Being accused of domestic violence in New Jersey can have severe legal and personal repercussions, including: Restraining Orders If a final restraining order is issued, it can significantly impact the defendant’s life. FROs can prevent the accused from contacting the victim, restrict access to shared property, and even influence child custody arrangements. Criminal Charges Depending on the nature of the incident, the accused may face criminal charges ranging from harassment to aggravated assault. Penalties can include jail time, fines, mandatory counseling, and a permanent criminal record. Loss of Firearm Rights Under New Jersey law, a restraining order or a conviction for a domestic violence offense results in an automatic prohibition on owning or possessing firearms. Impact on Employment and Reputation A domestic violence conviction or restraining order can have long-term consequences on employment, especially for individuals in positions that require background checks. It can also damage personal relationships and reputation. Defending Against Domestic Violence Charges For individuals accused of domestic violence, a strong legal defense is critical. Some common defense strategies include: Lack of Evidence The prosecution must prove the allegations beyond a reasonable doubt. If there is insufficient evidence, the defense can argue for a dismissal of the charges. False Allegations In some cases, accusations of domestic violence may be fabricated or exaggerated due to a contentious breakup or custody dispute. Evidence such as witness testimony, text messages, and social media posts can be used to refute false claims. Self-Defense If the accused acted in self-defense to protect themselves from harm, this can be a valid legal defense. Consent For charges such as criminal mischief or damage to property, showing that the alleged victim consented to the conduct can negate the charges. Why You Need an Experienced Domestic Violence Attorney Domestic violence cases are complex and emotionally charged. Whether you are a victim seeking protection or someone facing accusations, it is crucial to have a knowledgeable attorney by your side. At Mavinkurve & Patel, LLC, we understand the nuances of domestic violence law in New Jersey and can provide the legal guidance you need to protect your rights. If you are dealing with a domestic violence issue, contact us today to discuss your case. We are committed to providing compassionate and effective representation, whether you are seeking safety and justice or defending against serious allegations.

Going through a divorce is never easy, but having the right legal representation can make all the difference. If you are facing the prospect of paying or receiving alimony in New Jersey, it's important to have an experienced attorney by your side. Alimony Attorney Mavinkurve & Patel, LLC specializes in family law and can help you navigate the complex process of determining alimony payments. As a resident of New Jersey, you may be wondering how alimony works in this state. Alimony, also known as spousal support or maintenance, is a court-ordered payment made by one spouse to the other during or after a divorce. The purpose of alimony is to provide financial support to a spouse who is economically dependent on the other party. Factors such as the length of the marriage, each spouse's income and earning capacity, and contributions to the marriage are considered when determining alimony payments. Alimony Attorney Mavinkurve & Patel, LLC has extensive experience representing clients in alimony cases in New Jersey. Their team understands that every divorce case is unique and requires personalized attention. They will work closely with you to assess your financial situation and develop a strategy that best suits your needs. Whether you are seeking alimony or defending against it, their attorneys will fight for your rights and ensure that your interests are protected. In addition to representing clients in court proceedings, Alimony Attorney Mavinkurve & Patel, LLC also offers mediation services for couples who wish to resolve their alimony disputes outside of court. Mediation can be a more cost-effective and amicable way to reach an agreement on alimony payments without the need for litigation. Their mediators are skilled at facilitating productive discussions between parties and helping them come to a fair resolution. If you are considering hiring an attorney for your alimony case in New Jersey, look no further than Alimony Attorney Mavinkurve & Patel, LLC. Their team is dedicated to providing compassionate and effective legal representation for clients going through divorce. With their expertise in family law and commitment to client satisfaction, you can trust that they will guide you through the process with professionalism and integrity. Navigating the complexities of alimony in New Jersey can be overwhelming, but with the help of Alimony Attorney Mavinkurve & Patel, LLC, you can feel confident that your interests are being protected. Whether you are seeking spousal support or defending against it, their experienced attorneys will advocate for you every step of the way. Don't face your alimony case alone – contact Alimony Attorney Mavinkurve & Patel, LLC today for expert legal guidance during this challenging time.

When it comes to residential transactions, the legal landscape can often seem daunting. That's where Mavinkurve & Patel, LLC comes in. As specialists in residential transactions, our mission is to provide the highest quality of legal support ensuring smooth transactions and complete client satisfaction.  Residential transactions can be a complex process. Whether you're a first-time homebuyer or a seasoned investor, the legal intricacies involved can be overwhelming. At Mavinkurve & Patel, LLC, we aim to simplify this process. Our team of dedicated professionals meticulously handles every step, from reviewing contracts to closing the deal, making sure your home buying journey is a secure one. What sets Mavinkurve & Patel, LLC apart from other law firms? It's our dedication to our clients. We believe in building strong relationships and offering personalized services. It's not just about winning cases; it's about providing consistent, reliable legal advice that stands the test of time. The Mavinkurve & Patel, LLC team has an impeccable record. Our extensive experience and profound understanding of the legal framework surrounding residential transactions enable us to manage any challenges that might arise during this process. Lastly, at Mavinkurve & Patel, LLC we understand the emotional significance attached to residential properties. Buying a home isn't just a transaction for us; it's a journey that we're proud to be a part of. Let our team guide you through this journey, providing legal assurance and peace of mind at every turn. Experience the Mavinkurve & Patel, LLC difference today. We are not just about transactions; we are about building homes, securing dreams and creating lasting impressions. When you work with us, you're not just hiring an attorney; you're gaining a partner in your journey to homeownership.