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New Jersey Questions & Answers
1 Answer | Asked in Divorce for New Jersey on
Q: Can a defendant amend their own counterclaim in a divorce case?
Richard Diamond
Richard Diamond answered on Apr 8, 2020

Under the court rules, a party ( plaintiff or defendant) can amend their pleadings within a specific amount of days after the filing of the Answer to the Complaint. If a party seeks to amend their pleadings outside of that time frame, then an application needs to be filed with the court asking... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: HELP!! I need clarification of custodial parent living distance from non custodial parent after remarriage.

I live in NJ and is the primary custodial parent of my 2 kids. Can I move where my fiance lives after we're married? He lives 50 miles outside of where we live... actually 85 to be exact. I hear mixed advice when it comes to this. First, I'm told I can't move outside of a 50 mile radius. Now, I'm... Read more »

Richard Diamond
Richard Diamond answered on Apr 8, 2020

A: Im not sure where the 50 / 85 mile radius issue is coming from, but beware of taking advice from friends.

Some states actual do have a radius requirement for relocation purposes with children in their custody and parenting time plan statutes - New Jersey does not and there is nothing in...
Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: I want to know what it takes to divorce only one parent and if there are any specific requirements to do so?
Bari Weinberger
Bari Weinberger answered on Apr 8, 2020

Thank you for your question about divorce. I am not sure I understand what you mean by divorcing one parent. Divorce occurs between two parties, and while custody and child support can be determined in the divorce, the child is not a part of the divorce. I would need more information to respond... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: What does USCIS mean by "your benefit request has been accepted and is under review"?

it had the date 3/3/20. My priority date is 7/3/19. Please can you explain the difference between the two dates.

I am confused please.

Robert Roy Klein
Robert Roy Klein answered on Apr 7, 2020

The first questions means that USCIS accepted your petition and an officer is currently reviewing it. Next, the priority date is when your petition was received by USCIS. The other date is the day you were notified of the status update.

1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: Can my parents call the cops on me ?

I’m 18 years old living in New Jersey and I want to move out. I have plans to move and stay with my boyfriend can my parents call the cops and forcefully remove me from his home?

Richard Diamond
Richard Diamond answered on Apr 7, 2020

This is every parents worst nightmare ( or at lease one of their nightmares) and its also a test for you. I have been a divorce & family law attorney for the past 34 years and have tried to help parents with their relationships with their children through the court system, through mediation and... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: So if a POA for Healthcare exists, can family members just "see" what is happening with the Principle?

The family is aware that they cannot control what decisions are made but can they at least be informed as to what is being done to the Principle? The Principle is their mother.

Richard Diamond
Richard Diamond answered on Apr 6, 2020

The starting point is the document itself. For estate planning purposes, a person can sign a document called a "power of attorney" ( POA), which, under certain conditions, gives that person the authority to step into the other persons shoes and handle his / her financial affairs ( among other... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Is 39:4-11 still in effect?
Stuart Nachbar
Stuart Nachbar answered on Apr 6, 2020

As far as I know, the statute is still in effect.. the statute reads as follows: No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with nor... Read more »

2 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: My mother's Living Will includes a "Durable Power of Attorney for Healthcare".

Does this also include decisions over her finances? Should there also be a POA for her finances? And does it restrict any family (children particularly) from knowledge of her health or financial decisions? Thank you.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 6, 2020

A durable power of Attorney for Healthcare is supposed to be for healthcare decisions only. An attorney would need to review her document to tell you what powers the DPA gives to the person.

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2 Answers | Asked in Domestic Violence, Family Law and Federal Crimes for New Jersey on
Q: If a minor being verbally abused by a parent goes kinda insane and physically attacks them, what are the charges?

Details: The parent constantly emotionally/verbally abuses not only their mother but the child themselves and then one day has had enough , goes a little insane and then physically attacks the parent with an item that could be considered a weapon. If this were to happen, what are the consequences... Read more »

Richard Diamond
Richard Diamond answered on Apr 6, 2020

The answer is that it is time to get counseling for yourself so that you can help deal more constructively with the stress of a parent doing or saying things that upset you to the point of wanting to react with violence. Every parent says / does things that can piss off their children but I dont... Read more »

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2 Answers | Asked in Child Custody, Family Law and Domestic Violence for New Jersey on
Q: I have a question concerning harassment from non-custodial parent

He has contacted DCPP 34 times making false allegations. He continues to contact my son son's therapist saying he forbid him from seeing her for the reasons of it being a "conflict of interest" where there is none. The real reason is shes Hispanic and he's a racist. He continues to call the police... Read more »

James A. Abate
James A. Abate answered on Apr 4, 2020

It can constitute harassment and a retraining order if well documented. It is difficult to make such a case, but there is case law permitting it. It is not favored by police for obvious reasons (we want people to report crimes). To have any reasonable chance you would be wise to consult with an... Read more »

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1 Answer | Asked in Estate Planning for New Jersey on
Q: How long do I have to accept or reject an estate settlement?

My father passed away in the spring of 2019. The executors are finally sending myself and seven siblings the proposed settlement of his estate. I think I'm getting a bad deal. How long do I have to contest or challenge the settlement proposal?

Derek John Soltis
Derek John Soltis answered on Apr 4, 2020

Talk with an attorney to go over the settlement. Most attorneys will give you a free consultation. It is better to have someone that deals with these situations on a daily basis give you an opinion. If you feel something isn't right you owe it to your self to get a second opinion.

1 Answer | Asked in Immigration Law for New Jersey on
Q: As an L2 EAD holder with a legal job in America, what is the path to permanent residence?

Hello,

I would like to know what my options for the green card are regarding my status (L2 EAD holder, currently working as an Operations Specialist for a pharmaceutical company). I was told the best path is to have my company sponsor my convertion to H1B visa so that I am not an L1... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 4, 2020

L2 to green card path: EB2 or EB3. Both require an employer to sponsor you. I don't know what you do, so you might qualify for an EB2 with a National Interest Waiver. This would waive the need for a job offer or sponsor.

EB visas are subject to a cap. You can view the visa bulletin here:...
Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: does obtaining a Medicaid card prevent American citizenship?
Robert Roy Klein
Robert Roy Klein answered on Apr 4, 2020

No, the public charge rule does not affect naturalization, unless you’ve left the US and stayed out for 180 days consecutively.

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: Is it okay for an 18 year old girl to be dating a 15 year old boy in New Jersey?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 3, 2020

Sex does not matter, age matters and if this gets sexual in any way it could be considered endangering a welfare of a minor.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I got my work authorization card from U visa, my husband is the principal and don’t get his work authorization, why?

my husband was a victim from crime in 2015, we applied for U visa and our lawyer applied for I-765 just for me, she said bc my husband was the victim the I-918 should be enough and he will get the work authorization Automatically, and now I got my c14 for 2 years and doesn’t, bc he didn’t get... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

A person will automatically get an EAD when the 918 is approved. It does not automatically issue when the petition was merely filed.

Next, the processing time is 5-7 months. It may be longer during the current situation.

Finally, you can't file more forms to get a longer validity...
Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New Jersey on
Q: My cousin went to jail and his charges are 2c39-4d, 2c39-5d, 2c5-1.A1 and 2c-11-3a(1) class1D

My question is: how long he can stay in jail bc of those charges?

Does he have any chance to be free If he pays a bond? How much can be a bond for those charges?

How much should be a good lawyer to defend him?

He is an illegal immigrant, can he be deported?

Thank... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

Just answering the immigration question. It depends on a lot of what happened and what comes out in the court proceedings. It's likely your cousin will serve time and then be deported.

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Help!! Need clarification of custodial living distance after remarriage.

I live in NJ and am the primary custodial parent of my 2 kids. Can I move to where my fiance lives after we're married? He lives outside of 50 miles from where I live... 85 to be exact. I hear mixed advice when it comes to this. First, I'm told I can't move outside a 50 mile radius. Then I'm told... Read more »

Richard Diamond
Richard Diamond answered on Apr 1, 2020

Im not sure where the 50 / 85 mile radius issue is coming from, but beware of taking advice from friends.

Some states actual do have a radius requirement for relocation purposes with children in their custody and parenting time plan statutes - New Jersey does not and there is nothing in...
Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: My cousin just went in jail, the charges are 2C:39-4D, 2C:39-5D,2C:5-1.A1 and 2C:11-3a(1) class 1D?

How long he can stay in jail bc of those charges?

how much will it cost for a lawyer to defend him according to these penalties?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 1, 2020

Without knowing more information I would have to defer to the standard answer which is he will probably be doing a stint in jail if convicted because it's mandatory on these charges. I suggest hiring a good lawyer to see what if anything can be done to win or reduce the charge.

2 Answers | Asked in Immigration Law for New Jersey on
Q: Can an L2 visa holder change status to stay in America even if the L1 holder leaves the country and they get divorced?

Hi! I’m an L2 visa holder. I have an EAD and I’m currently working. My spouse, the L1 visa holder, is about to finish their year of work in America and is returning to the home country soon. I want to stay in America since we’ve decided to get divorced. What are my options to remain in the US... Read more »

Adan Vega
Adan Vega answered on Mar 31, 2020

If your spouse with the L-1 status departs the U.S. and is no longer to be employed in the U.S. then your L-2 status is in jeopardy.

If you divorce then you will no longer hold the L-2 status.

You should visit with an experienced immigration attorney to assist you in exploring your...
Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My mother, brother and I are forcefully getting evicted, without any eviction notice from the actual landlord.

So the landlord has a family in charge of the second floor rooms, on March 10th 2020 the head of the floor told us to leave and we have 20 days. We currently have no options besides moving in with a friend. My question is if we can sue anyone for this, because we have had enough of the toxic people... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 31, 2020

I sounds like your rights are being violated. If it is an illegal apartment, you may be able to get 6 months of rent to move. You need to talk with a land lord tenant attorney that handles tenant side matters to go over all of the facts of the situation and your options.

Courts are only...
Read more »

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