New Jersey Family Legal Questions

The estimated cost for a simple will should be less than $500. You can either keep the original documents yourself, or some attorneys provide safes in which they store their client's documents, and you are provided with a copy.  I usually also give an extra copy in case the client wants to keep it in an easily accessible place, or give it to the proposed executor.  ... Read More

This is a very interesting question that will have to be decided by the Courts.  New Jersey's law on same sex marriages and relationships has changed in the time you have been together.  Therefore, there are a limited group of people that formalized their relationship under the old law, and I do not believe there is any case law on what the same sex partner would be entitled to if that relationship is dissolved.  It i my understanding that the court's are following equitable distribution, but that is uncertain. ... Read More

If all your sister has given her daughter is a Power of Attorney, that usually cannot be used to make end of life decisions, unless it is a medical Power of Attorney.  In order for someone to be given the authority to make end of life decisions, they have to have completed a Living WIll, or in New jersey, more accurately described as an advance medical directive.  This names someone as a surrogate decision maker, and allows that person to make end of life decisions.  If your sister is still in a facility, ask the social worker, or patient advocate to help you, and point out to them that if all your niece has is a Power of Attorney she should not be making medical decisions.  You can also file something with the Courts called a guardianship that would allow you to make decisions for your sister. ... Read More

If an adult psychiatric patient is going to be discharged, there must be a discharge plan.  If the plan is to send the person home, and the parents or family refuse to allow the person to come home, there is no discharge plan in place, and its up to the facility to find housing for the person.  ... Read More

Is the father trying to assert visitation rights?  Has he filed something in Maine or in New Jersey?  Technically, even though he is in prison he still has visitation rights, but most often the courts find that it is not in the child's best interest to have the parent exercise those rights, especially if the child is very young, or the sentence is very long.  If you have always lived in Maine, the biological father cannot get jurisdiction to have you bring the child to new Jersey just because that is where he is incarcerated.... Read More

I am not sure what advice you would need.  Is this a family law situation where there is a custody order and children involved?  And the non-custodial parent lives in New Jersey?  You will have to prove that you have a job, a good reason to move to Arizona (family, better job, etc.) and that you will be able to continue with visitation.... Read More

Why do you say you can't afford a pre-marital agreement?  Write one up yourself !!  You did enough legal research to get to this website, look on line for some forms for New Jersey - talk to your fiance about the contents of it, and both of you sign it.  there has to be some statement in there that you both agreed, both had the opportunity to discuss this with a lawyer, and both decided not to do that.  Have your signature and his signature witnessed by a notary.   You can do this !!... Read More

You asked:  Separated in NJ, no written agreement. He voluntarily pays support. Am I required to pay taxes on that money?Additional Details:I live in NJ and have been separated for 2 years. He lives outside the home and kids live with me 100%, no over nights with him. No signed agreement of any kind and haven''t filed for divorce yet. Based on our salaries, he has been voluntarily paying the equivalent of 3/4 of the bills, which amounts to the mortgage payment and 4 utility bills. The mortgage he pays out of his bank account and deposits a portion into the joint account for the bills. We jointly own the house. If we file separate taxes, can he make me claim the 3/4 he pays as support, requiring me to pay taxes on it? Also, if he takes the mortgage, tax and child deductions, will I be giving up any rights to the house once the divorce process starts? I am a Michigan attorney, and cannot advise you regarding New Jersey law; however, I may be able to offer some guidance.  If you are married, and he pays certain bills and provides you funds, he is merely sharing marital assets with you, which would not normally be a taxable event.  In order for this money to be taxable to you, you would normally need a court order providing for alimony and having it state that the money is taxable to you and deductible to him.  Normally, property division results from an agreement of the parties.  If the Court is required to make the decision, it considers many factors, only one of which is the identity of the payor.  I strongly recommend that you contact a local accountant regarding the tax issue and a local attorney to discuss divorce issues in order to know all of your options. Stu Shafer... Read More

With the facts as you are describing them, no your son, a 17 year old who has lived his entire life without bio dad around, is not going to be compelled to see him if he does not want to.  These are fact sensitive inquiries, but many of the "hot button" issues are not resolving in favor of bio dad - he hasn't been around, he hasn't been paying support, you aren't trash talking bio dad, etc. This ultimately comes to a determination by the court of whether it is in the best interests of the court for bio dad to see your son - it sounds like any judge who got this case would be hard pressed to make such a determination.  Lots of luck.... Read More

If you aren't married, then you kind of need to separate out in your mind the house issue and the child issue. With respect to the house, if you aren't married, then there won't be a divorce proceeding to sort out it's distribution.  It sounds like you own the house, and depending on whether or not she has her name on the deed, she may not have a right to remain there. With respect to your child, you are going to need to go to court to petition for custody and visitation if you can't agree with her about working out a schedule to see him, and you may have some additional issues since you were not married at the time the child was born.    I practice in the state, and I'd be happy to speak with you over the phone or in person.  Lots of luck to you, Eric Reimer ___Eric Reimer, Esq.Paramus, NJ(877) 885 - 8800ezr@reimerlawfirm.com... Read More

Anonymous: If you go before the judge, the court generally has a list of qualified individuals who may act as a guardian ad litem. The judge will simply take the next name on the list and make the appointment. It's that easy. NOTE: This answer does not create an attorney-client relationship and it meant for information purposes only. I am not licensed in NJ and therefore can only speak in broad terms and not state-specifics. You should consult with a licensed professional in your state.... Read More