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2 Answers | Asked in Family Law for New Jersey on
Q: I need to sell my house but my ex is giving me a hard time on this. We were instructed to put it in market in January .

I need to sell my house but my ex is giving me a hard time on this. We were instructed to put it in market in January on the divorce decree but it’s been months now and she won’t leave. She had an apartment but decided to move back into the house back in December with my daughter.

Elena K. Weitz
Elena K. Weitz
answered on Mar 20, 2025

Hello, that is definitely frustrating but you do have options you can take legally. One option is to file a motion with the court for enforcement of your divorce agreement as it relates to the sale of the house. You can compel her to cooperate with the sale and even establish repercussions for... View More

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2 Answers | Asked in Family Law for New Jersey on
Q: I need to sell my house but my ex is giving me a hard time on this. We were instructed to put it in market in January .

I need to sell my house but my ex is giving me a hard time on this. We were instructed to put it in market in January on the divorce decree but it’s been months now and she won’t leave. She had an apartment but decided to move back into the house back in December with my daughter.

Valerie Hemhauser
Valerie Hemhauser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2025

A motion to compel the sale of a house post-divorce, when ordered by the court, is typically filed when one party fails to comply with the terms of the divorce decree regarding the sale of jointly owned property. The court has the authority to enforce the sale through such a motion, ensuring that... View More

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2 Answers | Asked in Traffic Tickets and Appeals / Appellate Law for New Jersey on
Q: How to contest or reduce a $86 improper turn fine on CDL in NJ?

I unintentionally made an improper turn because I didn't see the sign while driving with my CDL license. There were some minor incidents involved. I haven't appealed the $86 fine yet, but I'm hoping to reduce it. This occurred in New Jersey. What steps can I take to contest the fine... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 17, 2025

You can contest a ticket two ways. 1) Do it yourself: Call the court and tell them you would like to plead not guilty and wish to have a trial or 2) you can hire a lawyer to do this for you and your lawyer will conduct the trial with you in your presence at court. Remember a good lawyer knows... View More

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2 Answers | Asked in Traffic Tickets and Appeals / Appellate Law for New Jersey on
Q: How to contest or reduce a $86 improper turn fine on CDL in NJ?

I unintentionally made an improper turn because I didn't see the sign while driving with my CDL license. There were some minor incidents involved. I haven't appealed the $86 fine yet, but I'm hoping to reduce it. This occurred in New Jersey. What steps can I take to contest the fine... View More

Toshinori Isoai
Toshinori Isoai
answered on Mar 19, 2025

Your location is shown as "NY". So I assume that you have a NY DL with a CDL enforcement on it. Your indication "while driving with my CDL license" is somehow confusing. Were you driving a personal vehicle with your license or were you driving a CV (truck) when this happened? If... View More

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can I reduce my fine for an improper turn violation under section 39:4-123 in NJ?

I have a Commercial Driver's License (CDL), and I'm worried about the consequences of a fine I received for an improper right or left turn under section 39:4-123. I unintentionally made the turn because I didn't see the sign. Is there a possibility of reducing or lowering the fine?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 17, 2025

I would not worry about the fine its pennies compared to the cost of the 3 points on your CDL license that this ticket would give you. I would suggest hiring a good lawyer to try to eliminate those points. Most of us traffic ticket lawyers offer a free in office consultation, google one of us and... View More

2 Answers | Asked in Contracts for New Jersey on
Q: Can a dentist charge me after I cancel a contract with no work done?

I signed a one-page dental contract with a dentist two weeks ago for extensive work costing thousands to repair one tooth, but I've changed my mind about proceeding. The contract had no stipulations, exit, or cancellation terms. I've made no payments so far. Can the dentist require me to... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 16, 2025

An attorney would need to review the contract to tell you what your rights are, so the answer is maybe. If its a lot of money have a lawyer review the contract and get the proper answer before you pay. Sure a lawyer will charge you but it is probably a lot less than what the dentist is probably... View More

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1 Answer | Asked in Criminal Law, Contracts and Civil Litigation for New Jersey on
Q: Charges for toll violation and altered plate when not driving in NJ

I am the registered owner of a vehicle that crossed a toll with an altered license plate. I was not driving the car that day, and I do not have evidence to prove my absence. I have received official communication and charges related to the incident. I believe the license plate was altered without... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 16, 2025

You are responsible for any car registered under your name unless you have reported the car stolen prior to the incident. That being said you may still have a defense. These are serious charges, thus make sure you get a good lawyer that knows the defenses to this charge, or at a minimum a lawyer... View More

2 Answers | Asked in Civil Rights and Civil Litigation for New Jersey on
Q: Received cease and desist for emailing ex about charity. What next?

I received a cease and desist letter from a lawyer on behalf of my ex-girlfriend for harassment due to emailing her four times regarding a charity donation. There was no prior warning that my communication was unwanted, but I am willing to cease all contact. I have blocked and removed her contact... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 15, 2025

Best to hire a lawyer to respond to the letter you don't want to admit to anything but you also want to make it known that you will comply. A lawyer can offer you the proper shield to make sure this is done properly, it may be expensive, but it will be cheaper in the long run to hire a good lawyer.

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1 Answer | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: How can a domestic violence case be dismissed when one party mistakenly admitted fault?

How can a domestic violence case be dismissed when one party mistakenly stated they hit the other party first during an altercation? There is a court date scheduled, but there have been no previous legal actions or arrests related to this situation.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 12, 2025

Basically if you admitted to the events of the crime, the only thing that will get your case dismissed is a good lawyer on your side and some good luck. For example, I have had many cases dismissed where my clients have admitted to the event in question, but my relationship with the court and... View More

1 Answer | Asked in Criminal Law for New Jersey on
Q: What to do about a bench warrant for a missed court date in NJ?

I have a bench warrant in Edison, New Jersey due to a missed court date. What steps should I take to resolve this issue?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 10, 2025

If you have a bench warrant it means you have a serious case that you should have a lawyer representing you for. A lawyer can also ease the process of turning yourself in and may be able prevent you for being arrested at the time you turn yourself in. Most of us Criminal Lawyers offer a free in... View More

2 Answers | Asked in Child Custody and Domestic Violence for New Jersey on
Q: What should I expect in a sole custody case against incarcerated father with threatening behavior?

I am considering taking my child's father to court for sole custody. He has been incarcerated since our daughter was 4 months old, and she is now 7. He has been inconsistent in maintaining a relationship with her and has made threats to me, which makes me concerned for her safety, as he knows... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025

You need to retain an experienced matrimonial attorney with extensive domestic violence trial experience. You will be able to obtain primary residential custody, with the Defendant precluded from having any contact with both you and the child. You will probably need to file a separate custody... View More

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1 Answer | Asked in Foreclosure and Tax Law for New Jersey on
Q: Is foreclosure legal after tax certificate redemption before filing?

I received a notice from a tax lien holder's lawyer with a 30-day deadline to redeem a tax certificate or face foreclosure. I redeemed the certificate at the tax collector's office within 24 days and received a receipt, but this was after the 2-year redemption period had ended. However,... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2025

Unless you have a consultation with an experienced mortgage foreclosure defense attorney, it is impossible to know if you are correctly stating what the legal pleading you received actually is. If the two year redemption period has ended then it was too late to redeem the tax lien certificate.... View More

3 Answers | Asked in Intellectual Property and Trademark for New Jersey on
Q: Can I change wording on a brand's logo for apparel I sell?

I want to use the idea of a brand's logo on apparel that I plan to sell. I intend to change only the wording, not the design or brand elements. Is that legally permissible, and what potential issues should I be aware of?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 7, 2025

Using the idea of a brand’s logo while only changing the wording presents significant legal risks, primarily concerning trademark and copyright laws. Even if you alter the text, the overall design may still be considered too similar to the original brand’s logo, leading to potential legal... View More

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3 Answers | Asked in Intellectual Property and Trademark for New Jersey on
Q: Can I change wording on a brand's logo for apparel I sell?

I want to use the idea of a brand's logo on apparel that I plan to sell. I intend to change only the wording, not the design or brand elements. Is that legally permissible, and what potential issues should I be aware of?

Alan Harrison
PREMIUM
Alan Harrison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025

Most likely if the logo is attractive, the company has established common law trade dress protection for its overall appearance. Just changing the words without changing the design could infringe on the trade dress rights and lead to a lawsuit.

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2 Answers | Asked in Agricultural Law, Divorce and Business Law for New Jersey on
Q: Is my spouse entitled to my inherited farm in NJ after 43 years of marriage?

I inherited a farm from my grandmother about 50 years ago, and the farm is solely in my name. I have been married to my spouse for 43 years, and we live on the property together. Occasionally, we rent out one of the two houses on the property. There have been no loans or prenuptial agreements... View More

Richard Diamond
Richard Diamond
answered on Mar 7, 2025

While statutorily an inheritance is not subject to division in a divorce, there are a million exceptions to that can apply and this is where you need to sit down with an experienced family law attorney to examine the history of this property, any improvements, pay down of any mortgage obligations,... View More

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2 Answers | Asked in Agricultural Law, Divorce and Business Law for New Jersey on
Q: Is my spouse entitled to my inherited farm in NJ after 43 years of marriage?

I inherited a farm from my grandmother about 50 years ago, and the farm is solely in my name. I have been married to my spouse for 43 years, and we live on the property together. Occasionally, we rent out one of the two houses on the property. There have been no loans or prenuptial agreements... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 7, 2025

A lot depends on how long you have had it and whether you used marital assets to sustain the property or used estate assets. A judge will also look at the fact that the spouse did live on the property. I suggest you setup an in person consultation with a lawyer to determine what is most likely to... View More

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I accidentally parked in a handicapped space and got a ticket. Should I pay the fine or go to court and explain

I didn’t realize I was in a handicapped space. It was an honest mistake. Should I go to court and say this or just pay the fine?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 4, 2025

Most courts make this a mandatory court appearance since the judge will generally set the penalty and review your record to see if you have prior offenses. Without knowing these facts of your case an attorney can't tell you whether to pay it or go to court. What I can tell you is before... View More

3 Answers | Asked in DUI / DWI, Car Accidents and Personal Injury for New Jersey on
Q: I was in an accident and received a DUI in NJ with an ethanol level of 51.6. What to expect?

I was in an accident in New Jersey, hospitalized, and received my first DUI. My ethanol level was reported as 51.6 from the hospital. The accident happened around 4:26 AM. Was I within the legal limit to operate a vehicle? What should I expect next in the process?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 4, 2025

Your ethanol level needs to be convereted to BAC level which is generally on the lab work. The DWI limit is .08 but you can still get a DWI even with a lower level than the limit as the limit is only a presumption that your driving ability was impaired by alcohol. Definately get a lawyer to... View More

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3 Answers | Asked in DUI / DWI, Car Accidents and Personal Injury for New Jersey on
Q: I was in an accident and received a DUI in NJ with an ethanol level of 51.6. What to expect?

I was in an accident in New Jersey, hospitalized, and received my first DUI. My ethanol level was reported as 51.6 from the hospital. The accident happened around 4:26 AM. Was I within the legal limit to operate a vehicle? What should I expect next in the process?

Jay Bhatt
Jay Bhatt
answered on Mar 5, 2025

Based on your reported ethanol level, it’s likely that you were over the legal limit in New Jersey, where the per se limit for DUI is 0.08% BAC. However, various factors can impact your case, including hospital testing procedures and legal defenses. You may face DUI charges, potential license... View More

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3 Answers | Asked in DUI / DWI, Car Accidents and Personal Injury for New Jersey on
Q: I was in an accident and received a DUI in NJ with an ethanol level of 51.6. What to expect?

I was in an accident in New Jersey, hospitalized, and received my first DUI. My ethanol level was reported as 51.6 from the hospital. The accident happened around 4:26 AM. Was I within the legal limit to operate a vehicle? What should I expect next in the process?

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2025

I'm sorry about your accident. I hope all involved are okay. Aside from the criminal defense aspects that my colleagues address, there is the issue of possible claims if another vehicle was involved or if property damage was involved. Therefore, it would be advisable to consider placing your... View More

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