New Jersey Recent Legal Answers from Lawyers

At first blush, it looks like your ex's family loses, but it still has to pass the smell test or else you will find yourself in the middle of litigation and legal fees. If this was simply a pure gift with no strings attached and no conditions, then it seems odd that they are demanding the return of the car. If they are demanding the return of the car, the next question is why did they buy it for you, what were you supposed to do with it and was it intended for you or for their son's benefit. Something seems to be missing from this story, that needs to be fleshed out.  As an example, if they purchased a car for your use because their son could not drive and the plan was that you were to use the car to drive their son to and from his job, therapy, etc and 3 months later, you and he break up, I can understand why they are upset and in that setting, you knew that the purpose of the purchase was not purely a gift.  Conversely, you and your boyfriend have been togther for the past 10 years and because of a million acts of kindness shown to the parents over that 10 year period of time, they decide to surprise you and buy you a car with no strings attached - different story than presented above.  My suggestion is that you get a clearer understanding of why they purchased the car in the first place and why they feel that you owe them money today for it because a lawyer cannot give you a simple answer without you providing all of that information. ... Read Answer

I'm so sorry that you were sexually assaulted at work. His behavior was not only inappropriate, but it was illegal. You definitely have rights and there are some actions you may want to take to protect your rates. For example, you should consider reporting this in writing to Human Resources. If you are still working with this individual, you may have a right to have him removed from the premises or to have him work different shifts so that you do not have to work in close proximity to him. I recommend that you get a free consultation with an attorney. Many of us would be happy to provide one. All you need to do is ask. Eric A. Shore... Read Answer

Insurance companies will lowball you every chance they get. Try telling them that you are going to get an attorney if they are not going to play fair. But between you and me, It may not make sense to get a Lawyer unless you have personal injuries as well. If you were injured, I definitely think you should speak with an attorney. Many of us would be happy to speak with you free of charge. Just ask. Eric A. Shore... Read Answer

You DONT have a "joint custody" arrangement with your ex. You have a "joint legal custody" arrangement with you designated as the primary custodial parent. It may not seem like a big difference but legally, the difference should be huge. If you look at the wording of your agreement as to your custody plan, it will say say that you and he will maintain a joint legal custody plan with you designated as the primary custodial parent and then the language of your agreement should define the decision making on "major decisions" affecting your son's health, education and general welfare. Since you are the primary custodial parent, ithe language of your agreement should say that you and he shall "discuss" those type of issues and / or that he shall be "consulted" but presumably, the language of the agreement does not say that each of you shall have an equal say in the decision making process or that neither of you shall act unilaterally in the decision making or that in the event of a disagreement, you and he shall submit the issue to a mediator or to the court.   If the langauge of your agreement does say that you and he shall have equal say in the decision making process or that neither shall act unilaterally or that in the event of a disagreement on how to handle a major decision, you and he shall submit the issue to mediaton or to the court, then its a little more complicated and I would therefore send him an email or a text message laying out what you want to do and your reasoning for it. Spend time to lay out all of your reasons since you may need that email or text if you and he end up in court. That message is critical and needs to be addressed to him in complete thoughts so that if a judge is reading it, you make sense and your reasoning is logical.  If he does not respond, make sure to also print out that message so that if he later claims that he never got the message, you have proof that you sent it to him. ... Read Answer

Sounds like your matter already has court  orders entered out of the Virginia court system. Presuming im correct, your claim for parenting time needs to be addressed to the Virginia court system, inlcuding your claims for visitation. Under the UCCJEA ( uniform law throughout the country), presuming one party still lives in Virginia and the order for custody / parenting time was originally entered by the court in Virginia, then Virginia continues to maintain jurisdiction over the case and all claims for changes, need to be filed with the Virginia court system. ... Read Answer

Im sorry to hear about your plight but our firm specializes in divorce, family law and domestic violence matters and your complaint addresses housing law and elder law claims. I would look at the website for the NJ Attorney General's office and look specifically for elder abuse and housing claim issues and contact the department that handles claims against landlords and the department of housing to see what protections are available to you.... Read Answer

Assuming that your parents have maintained their legal statuses while in the US and have the proper nonimmigrant intent to only visit and go back to the home country, they could still be allowed to reenter the country on their visitor visas even though they already have I-130 petitions filed on their behalf. They must of course tell the truth to the immigration officer at the port of entry if asked whether they are being sponsored for green cards. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

To our knowledge, the decision of whether and when to add dependents is largely up to the principal applicant under US immigration law. Whether he can be made to include you in the immigration application may be a subject for a family law attorney. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

I have no idea whether your matter involves a divorce or family court matter,  a civil claim for money damages or a chancery claim for some form of equitable relief, so its impossible for me or any other lawyer to give you competent guidance based on the information provided. My suggestion is that you sit down with a lawyer who specializes in appellate practice in the area connected to the underlying claims ( divorce, civil or chancery proceeding) to understand why you lost at the trial level and lost at the appellate level. Make sure that you bring with you everyone of the underlying orders and statement of reasons by the trial court and every decision by the appellate court and all filings in support of and in opposition to your appeals so that he can read through them. ONce he has read them and understands the claims and the decision of the trial and appellate courts, he can then give you guidance as to whehter you have any basis for relief in the state court system or whether he thinks that you have a proper basis for relief in the federal court. ... Read Answer

I am a certified divorce and family law trial attorney by the NJ Supreme Court and comfortable talking about litigation claims in the family court, but it sounds like you have filed a civil lawsuit - so you are better off directing your question to a civil litigation attorney to determine what steps you need to take next, including determining whether you are qualified to handle this matter on your own. There is a difference between a defendant filing an affirmative defense and his filing of a counterclaim or 3rd party claim and you also need to know the legal significance of the affirmative defenses pled. You also need to know whether the lawyer can represent all of the defendants or whether there is any conflict.... Read Answer

Thank you for your question and I’m sorry to hear that you’re in this position.  It is a little difficult to completely answer your question without asking some additional questions. Are you currently going through a divorce or are you already divorced? Have you asked the other party for proof of these accounts? Has the other party blatantly advised that they do not have these accounts or did they refuse to disclose this information? You are correct in stating that all financial information and documentation needs to be fully disclosed in a divorce. You are also correct in stating that one spouse is entitled to a portion of the “marital coverture” of the other parties’ retirement account. The marital coverture is the period of time from the date of marriage through the date the Complaint for Divorce was filed (unless another cut-off date has been established). Any retirement accounts that were earned prior to marriage are considered pre-marital and may not be subject to equitable distribution. The party who has the account should provide statements of the account from the date of marriage through the date of Complaint and also as of today’s date. In the event you are divorced and later found out that your spouse was hiding these assets from you, depending on what your Marital Settlement Agreement reads, you may be entitled to these accounts once discovered. You may also be entitled to attorney’s fees for needing to file a Motion with the Court in order to have this enforced – so long as you have this language in your Agreement as well. There are some additional questions that may need to be answered and will definitely be helpful in your situation. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation.... Read Answer

In your situation, you would be in a quasi-legal status in which you are allowed to stay during the time that the I-485 application is pending. You can also include your husband by having him fill out a separate I-485 adjustment of status application. If the petition will not be approved and your F-1 status is already expired, you would not have legal status anymore unless you appealed the petition denial and that was approved. You could conceivably be in the US unlawfully for a long period after that inasmuch as the Biden administration is not targeting most status violators for removal proceedings. At such point, you may wish to consult with an immigration lawyer for any further options. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Yes and you need to file your opposition / response to the substance of your ex's affidavit / certification with the court and your ex's lawyer by the date set forth in the cross application or the relief being sought by your ex will be viewed by the court as unopposed and the court can grant the relief sought by your ex. You do not have the right to simply expect to walk into court on the return date and tell the court why you disagree with her cross application. If you want to represent yourself in a court matter, you are bound by the court rules and the deadlines for filing purposes. Your opposition to their cross application MUST be filed with the court and the other lawyer at least 8 days prior to the court date. If the court date is next Friday, then your opposition papers to their cross application ( a certification under oath as of you were testifying on the witness stand) must be submitted to the court and to the other lawyer NO LATER THAN this Thursday. If you fail to file your opposition papers timely, presume that the other lawyer will ask the court to view their application as unopposed and ask the court to grant them the relief sought. ... Read Answer

You can retain a lawyer anywhere in NJ presently since most lawyers are meeting with their clients through Zoom teleconference technology and most courts are still proceeding through zoom for court proceedings as well. But, if you are more comfortable working with a local lawyer, then look for divorce lawyers in your county. If there are any complications to your matter, then your google search should be for "Certified Matrimonial Trial Lawyers by the New Jersey Supreme Court", since only 2% of all lawyers in the state of NJ have met the qualifications for 'certificaiton" by the court system. ... Read Answer

You need to be careful of any form of communications with your ex if there is a restraining order in place. I understand that you and she have a child together but any contact initated by you is a violation. My suggestion is that you and she agree that texting limited only to specific communications concering your child will not be a violation of the restraining order and then you and she need to get the restraining order amended to reflect that this type of communciation is permissible. Telling a judge at a later date that you and she had a verbal agreement - is not sufficient. It must be in wriing and agreed upon by both of you. Equally important, dont, dont, and dont curse or threaten her in any text message going forward because when a judge reads it, he will have no sympathy for you and will view that type of action as a violation and look to impose sanctions on you. ... Read Answer

Hi Ari.  There are two pathways to accomplish your goal. The first is to marry the foreign national immigrant, and then she would apply for a spousal visa at the US consulate overseas. The second pathway is for you to file a sponsorship for her fiancé K visa, and then she would Process at the overseas consulate. Both pathways are taking roughly the same time, with the fiancé K visa pathway taking slightly less time. Keep in mind that if you use the fiancé visa approach, you have to have physically met the woman within two years of filing your sponsorship. Counsel in any state can represent you, and some of us take the case for a flat fee with no hidden costs from start to finish.    ... Read Answer

You are mixing apples with peaches. The lawyer is simply letting the court know that the filing fee for whatever document is being filed can be taken from the lawyers account with the court. Its similar to a prepaid postage account. The filing fee item though has nothing to do with the court's award of a legal fee on a motion or after a trial ( except the judge can consider the filing fees as part of a counsel fee award).... Read Answer

This is not really a legal question. My suggestion is that you sit down calmly with him and agree that the relationship is over and that you simply need a month to find a new place to live or to arrange to move elsewhere. You have no legal right to remain in your boyfriend's home and presumably, as a result of what was said during that fight, he no longer wishes to live with you. If he does not want you to live with him any longer, then my suggestion is that you ask him for some money to permit you and your son to rent an efficiency apartment for the next several weeks to find a new place to move to.  If he locks you out of the home, then ask the local police to intervene and speak with him about permitting you and your son to remain in the home for the next few weeks to find a new place to live. ... Read Answer

The prosecutor has complete access to the person's criminal history. The key to successful representation for shoplifting is working closely with the risk manager for the store. We work closely with both the store and the prosecutor. Please let us know if we can help. Ed Dimon, Esq. 732-797-1600 ext 235 a... Read Answer

If you are ready to move forward with a divorce matter, you should meet with one or more divorce lawyers for a consultation to better understand your rights in a divorce and your spouses obligation ( if any) for the payment of spousal support. Without sitting down with you and reviewing your income setting, your spouses income setting, the difference between your respective income settings, the nature of your disability, the assets and liabilities of the marriage, the lenght of the marriage, etc its impossible for any lawyer to give you competent advice. My suggestion is that you look for family law attorneys offering free initial consultations and take advantage of that opportuntity to become better educated. ... Read Answer

You can legally change your name and you can handle it on your own. Contact the family part of the county courthouse in the county you live in to obtain a pro se package for name change purposes, starting with the filing of a name change complaint.  There are several steps to the process, but as long as you follow the steps and provide the court with proof of your compliance ( in a timely manner), the court will sign the order permitting you to change your name. You can also go on line to see the steps involved, so that you know what will be expected of you as part of the process. ... Read Answer

The key to winning is the proper medical documentation. You need to work closely with the proper medical personnel who will give a medical opinion which supports your position. Do you have a treating physician ? What is their medical opinion ? Do you have your medical records ? Do you have the medical records from the hospital ? We can review with our medical expert. The costs would not be confiscatory. Ed Dimon, Esq. 732-797-1600 ... Read Answer