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Questions Answered by Leonard R. Boyer
1 Answer | Asked in Animal / Dog Law for New Jersey on
Q: I purchased a dog via the internet and out of state, but they never delivered the dog. Can I sue?

I paid for the dog the agreed upon price for the dog and shipping. Then, the transportation company said I had to purchase Pet Insurance for nearly $1000. I contacted the seller and he said this was normal and apologized for not mentioning it earlier. I paid that. Then, the transportation company... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 28, 2021

I am sorry about your ordeal, but realistically trying to retain counsel and filing a lawsuit, is not going to be cost effective.

3 Answers | Asked in Family Law for New Jersey on
Q: I had a 3-month return date for a pro se motion I filed in family. I amended it once and need to again. Is that doable?

The first time my ex-wife did something after I filed that needed to be addressed and I left off one Exhibit by accident. Now she has done something serious again and I want to amend once more. How do I write that?

I put in the word 'amended' on the Notice page etc. the first... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 28, 2021

You are emotionally involved in this case and you are not a trained attorney. So instead of risking not obtaining the desired results, you need to retain an experienced matrimonial attorney. You are at a major disadvantage since you do not know the Court Rules, Rules of Evidence, procedural rules,... Read more »

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3 Answers | Asked in Divorce and Child Custody for New Jersey on
Q: I have joint custody of my 16 and 11 year old children in NJ. My ex wants to move out of the country with the kids.

We both own homes a couple miles apart. The kids stay with me about half the time. Can she move without my consent?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 22, 2021

No! Your ex-wife must make a motion with the Court to do so. However, if you think there is a real danger of this happening, then you need to be proactive and retain an experienced matrimonial attorney to bring an action before the Court, to impound their passports. It always pays to be proactive... Read more »

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3 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Contracts for New Jersey on
Q: Found a property which has been abodoned in New Jersey: placed business logos on the property and have taken furniture.

Last sale listed in 2015, without an owner or realtor agent listing.

Claimed the property on Realtor.com.

What are the next steps I can take toward legal ownership of this property?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 28, 2021

You have no legal right to be in the property. You are a trespasser and subject to ejectment. If anything you did caused damage to the property you are going to be liable for that as well.

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2 Answers | Asked in Immigration Law for New York on
Q: I am married to a green card holder and he wants to submit my I130 first but I have overstayed my time should I go ahead

Or should I do the entire process

Leonard R. Boyer
Leonard R. Boyer answered on Jan 15, 2021

This situation is too complex and fact-specific for this forum. You are going to need to retain an experienced immigration attorney and have an in person consultation.

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2 Answers | Asked in Divorce for New Jersey on
Q: I married in PR live in NJ my ex-wife lives in Ohio we been separated for over 8 years can we get divorce from the u.s
Leonard R. Boyer
Leonard R. Boyer answered on Jan 14, 2021

Where you were married and where your wife lives are irrelevant to obtaining a divorce in New Jersey. If you meet New Jersey's residence rule. If she cannot be located, then service by publication is required. But that is not a problem. But, you must retain an experienced matrimonial attorney... Read more »

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I was told My chapter 13 case was dismissed because my lender was not agreeable to resetting my timetable for payment

I know the trustee was asking for a consent order for adequate protection payments for months..i been in bankruptcy for about 5 months why would the timetable have to be reset

Leonard R. Boyer
Leonard R. Boyer answered on Jan 11, 2021

I do not know whether or not you are represented by an experienced Bankruptcy attorney, or not, but if you are, then all your questions need to be directed to the attorney. Otherwise, you must retain counsel and have a document review and discussion of your present situation in order to provide... Read more »

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1 Answer | Asked in Immigration Law for New Jersey on
Q: What is the process to come back to USA with approved I-360/vawa petition

Hello, I have an approved vawa application, after filing vawa I went back to my home country. Now that my petition is approved , how can I come back to USA, what is the process. please suggest.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 5, 2021

With the current travel bans in effect, there is nothing you can do. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration benefits. You need... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court in

Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court involved, just "between us") to reflect his income loss for 2019 and 2020, and suggests 50 payments/year instead of 52.

My income is close to zero. He... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 2, 2021

You should retain an experienced matrimonial attorney to represent you in this matter and not take anything less than you are entitled to. If you cannot afford an attorney, then contact NJLS.

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2 Answers | Asked in Divorce and Immigration Law for New York on
Q: I got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2020

This type of case requires you to retain one of the few attorneys who is experienced in both matrimonial and immigration law. By doing so you have (presuming your facts are accurate) both getting divorced and not having your green card revoked. During this pandemic, you have a choice of either... Read more »

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1 Answer | Asked in Business Law for New Jersey on
Q: Officer of a corporation not following bylaws
Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2020

Making multiple statements about what is essentially the same thing does not accomplish anything. Consulting an experienced civil litigation attorney will.

1 Answer | Asked in Business Law for New Jersey on
Q: President of a New Jersey corporation violating the bylaws and discrimination of potential members.
Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2020

From your statement, it is obvious that there needs to be a personal strategy session with an experienced civil litigation attorney. This will also be beyond the scope of what most attorneys will include in a free consultation. During this pandemic, you have a choice of either seeing your attorney... Read more »

4 Answers | Asked in Child Support and Divorce for New Jersey on
Q: Would I owe child support on a stepchild?

My Japanese girlfriend is pregnant with our child and we would like to marry. She has a 4 year old son from a prior marriage who lives in Japan with his father; I have never had any contact with this child. She has been mum about whether her son will return at some point and wants me to focus on... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 26, 2020

Unless you adopt the lady's other child, you would have no child support obligation to her for that child. From what you have expressed and the way you have expressed it, you need to retain an experienced NY matrimonial attorney and do not get married prior to having a signed pre-nuptial... Read more »

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1 Answer | Asked in Consumer Law and Construction Law for New Jersey on
Q: This question is in regards to difficulties we are having with our contractor. Can we, ourselves reply to his lawyer? Tx

Orig contract signed 1/3/20. New agreement is for another 14 days but it has been over a month and repairs are incomplete with damages. His lawyer is pressuring for the last payment of $38K. Looking for a Lawyer who can assist us enforce a time frame and completion of the job. If not, we would like... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 26, 2020

NO! You need to retain your own attorney, who has extensive experience in handling cases involving Home Improvement Contractor cases. Very few if any Home Improvement Contractors write contracts that are in compliance with the Home Improvement Contractor's Act and therefore, almost certainly... Read more »

1 Answer | Asked in Business Formation for New Jersey on
Q: If I start a nonprofit and am a board member or director, can I work as an employee and get paid a salary?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 22, 2020

That is a possibility, however, the entire concept and what you envision would require an in-person consultation, which would be beyond the scope of what most attorneys will include in a free consultation.

1 Answer | Asked in Domestic Violence and Family Law for New Jersey on
Q: can someone please provide me with recent case of J.N. v. S.B. in regard to vacating a restraining order

or refer me to where I can find it. I need to have a restraining order lifted for work

Leonard R. Boyer
Leonard R. Boyer answered on Dec 18, 2020

The Court in New Jersey does not "lift a restraining order" for someone to work. This case which appears to be an unpublished opinion by the Appellate Division affirmed the Trial Court Order, which denied removal of the restraining order. Statistically speaking the vast majority of... Read more »

2 Answers | Asked in Real Estate Law for New Jersey on
Q: I have recived a 2a:35-1 12.4.2020 new jersey. Dose this code still apply under covid 19?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 4, 2020

If you received a complaint, you cannot ignore it. Covid 19 is not a legal defense. To obtain a meaningful answer, the more facts you provide, and the less an attorney has to guess about what you are referring to the better it is. Good luck.

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4 Answers | Asked in Criminal Law, Civil Rights and Family Law for New Jersey on
Q: What do I do if it's my second time being falsely accused of domestic violence and I feel like I was discriminated

This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids

Leonard R. Boyer
Leonard R. Boyer answered on Dec 1, 2020

You really need to retain an experienced matrimonial attorney to obtain a Final Domestic Violence Restraining Order against him and contact the municipal prosecutor to file criminal charges against him. During this pandemic, you have a choice of either seeing your attorney in person or by way of a... Read more »

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: can my HOA forbid the parking of my registered & insured pop-up camper on my own private driveway?

I own my property (fee simple) and cannot see how an HOA can prevent my parking a vehicle in my driveway when, at the same time, said vehicle can be parked, legally, on an adjacent town-owned street.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 28, 2020

One of the worst mistakes anyone can make in purchasing real estate is to have an make is to have any type of HOA, condo, or coop board involved. You are going to need to read the HOA by-laws and any amendments to them to determine what they can and cannot do. I always tell clients never, ever even... Read more »

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4 Answers | Asked in Domestic Violence for New Jersey on
Q: I am charged with 2nd ag assault. I have a restraining order given to me in prison. The hearing date was 10/5.

That hearing didn't happen. On Nov 16 at 930 am I got an email that the hearing was that day at 9am.I understood that hearing not be more than 10 days from being issued. Is this tro still in effect. I'm in nj.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 17, 2020

You need to. retain an experienced criminal attorney for the municipal court matter..Then for the domestic violence matter you need to retain an experienced matrimonial attorney with e,tens I've domestic violence trial experience. Ideally you want to retain two attorneys who have experience... Read more »

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