Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Jersey Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: I don't want to change the custody schedule, but do I have grounds to file emergency custody for violating?

Me and my coparent has joint custody and a custody agreement through a civil restraint. Not filed through family court. We have a 3-4 weekly schedule. My coparent just took our child on an out of state vacation that I did not agree to. The only guild lines that our agreement have are "As for... View More

Richard Diamond
Richard Diamond
answered on Dec 1, 2024

Probably the one thing that you and your ex need to do is print out the holiday schedule and identify the rotation between you and your ex. I presume that the holiday schedule includes Thanksgiving, which was on Thursday the 28th and probably, under the holiday schedule, it says that same starts on... View More

1 Answer | Asked in Education Law for New Jersey on
Q: Can a school suspend my son if has an IEP

He has adhd,odd,anxiety,ocd, tourette and coordination problems

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 27, 2024

I don’t know how old your child is so this is kind of generalized;

In New Jersey, a school can suspend a student with an Individualized Education Program (IEP) for up to 10 consecutive school days, as long as the suspension is not considered a change in placement. The school district...
View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: do I owe my exwife half the car and security deposit (we rent) ? not divorced yet. they are cheating, NJ. please help

my spouse left me after 10 years, just walked out flew around the world in 30 day to someone else, they were talking before it ended. not sure if that matters, we aren't divorced yet.

we rent, I told her to take whatever she wante in apt, I gave her one of the cars, it was old, she... View More

Valerie Hemhauser
Valerie Hemhauser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2024

Marital assets and debts are considered in the equitable division of a marital estate. In New Jersey, the statute governing the equitable division of marital property in divorce cases is found in N.J.S.A. 2A:34-23. This statute outlines the guidelines for the division of assets and liabilities in... View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I received papers from a fake custody lawsuit from my ex husband, whom I have a restraining order against.

Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2024

Yes this is harassment which is a violation of the restraining order. Do you have a Temporary Restraining Order(TRO) or a Final Restraining Order (FRO)? If you have an only a TRO you need to to retain an experienced matrimonial attorney who has extensive domestic violence trial experience to obtain... View More

View More Answers

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I received papers from a fake custody lawsuit from my ex husband, whom I have a restraining order against.

Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?

Richard Diamond
Richard Diamond
answered on Nov 21, 2024

The fact that the court system has told you that it does not have his application in the system (at this moment) does not mean that his application is a fake.

Presuming that he legitimately filed an application but failed to pay the filing fee or failed in any of a million other ways, the...
View More

View More Answers

2 Answers | Asked in Personal Injury and Legal Malpractice for New Jersey on
Q: OK my case is CRAZY NEEDLESS TO SAY and I'm totally lost in what to do next please help me. Briefly... I hired an attorn

Fir a personal injury case. He lied numerous times in court case was dismissed with prejudice. I filed an ethical complaint I just received a letter from my attorney admitting his office committed fraud. What do I do now. New Jersey case.

Clifford B Cohn
Clifford B Cohn
answered on Nov 17, 2024

Unfortunately you need to contact another attorney as soon as possible, one that specializes in legal malpractice. They are very experienced at pursuing matters where attorneys have either intentionally done something wrong or accidentally done something wrong that has affected your case.... View More

View More Answers

2 Answers | Asked in Personal Injury and Legal Malpractice for New Jersey on
Q: OK my case is CRAZY NEEDLESS TO SAY and I'm totally lost in what to do next please help me. Briefly... I hired an attorn

Fir a personal injury case. He lied numerous times in court case was dismissed with prejudice. I filed an ethical complaint I just received a letter from my attorney admitting his office committed fraud. What do I do now. New Jersey case.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 17, 2024

You need to hire an attorney that practices malpractice law and quickly because just like your personal injury case the statute of limitations is running on your case and if it runs out you will be barred from collecting any money for your loss.

View More Answers

1 Answer | Asked in Family Law, Juvenile Law and Sexual Harassment for New Jersey on
Q: I am wondering if someone could help me answer questions about my case as a minor.

I am a minor charged with 2nd degree sexual assault and 3rd degree endangering the welfare of a minor. I am not allowed to live at my home and i am not allowed to have contact with anyone under the age of 18 preventing me to talk to my friends and go to school. I wanted to ask a few more questions... View More

Clifford E. Lazzaro
PREMIUM
Clifford E. Lazzaro pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

To fully answer your question, I must review your judgement of conviction or juvenile disposition sheet as well as a copy of your case file.

On sexual assault convictions and endangering the welfare of a child convictions related to inappropriate sexual contact, there is PSL, which stands...
View More

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can multiple charges be added to a single ticket after being issued when a vehicle was not stopped on public road

Vehical was parked on private property not pulled over by law enforcement

Trevor J Lushanko
Trevor J Lushanko
answered on Nov 8, 2024

Yes, it is possible for charges to be added to a citation or ticket after it was issued. The fact that the vehicle was parked on private property does not necessarily prevent additional charges from being added. When a cop issues a ticket or citation, it is typically sent to the local prosecuting... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: How to get rid of a warrant?

My friend was driving without a license and given a ticket. I’m assuming she also got a court date but she missed it and never received anything in the mail because she moved to a new address. Because she missed the court date, she now has a warrant and we would like to know how she can get rid... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 29, 2024

A good lawyer can help your friend by turning her into the court and thus keeping here most likely out of jail on the warrant, then a new court date will be set. That being said, based on what she is charged with again a good lawyer may be able to help keep her out of jail on the original charges.... View More

1 Answer | Asked in Contracts, Civil Litigation and Family Law for New Jersey on
Q: How to splitting the car with my ex-girlfriend

The car was bought for 45,000, with her contributing 30,000 and me contributing 15,000. Now that we've broken up, I intend to sell the car. However, since the car was originally purchased primarily for her work needs and still requires its use, we decided that she would keep the car and sell... View More

Richard Diamond
Richard Diamond
answered on Oct 29, 2024

Since there is no written agreement between you and your ex as to its current value, percentage ownership interests, usage, and what is to take place with the vehicle in the event you and your ex break up, you are in a grey area - since there is no right or wrong answer to your question.... View More

3 Answers | Asked in Bankruptcy for New Jersey on
Q: How do I amend a proof of claim in Bankruptcy Court for the District of NJ?

I received a letter from the lawyers for the trustee stating that I need to amend my proof of claim to remove PTO time from the claim. I’m owed my final week’s pay.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024

On the Court form for a proof of claim, there is a box to check if it is an amended proof of claim. Fill it out, check the box and file it with the Court like you filed the original proof of claim. The amended claim should state the changed facts. When it is filed, it will automatically supersede... View More

View More Answers

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: My kids mother served me court papers crowe v DeGioia 90 NJ 1982. I am married now. What does this mean?

I was never married to her. We have 2 boys together,18 and 14. I just filed a modification because my oldest is going to the military. I will continue paying for the youngest. However she served me with court papers for Crowe v Devious 90 NJ 1982. I am now

married for the last 8 years.... View More

Richard Diamond
Richard Diamond
answered on Oct 27, 2024

You filed an application with the court seeking a downward modification of your child support obligation based on your oldest child entering the military. alleging that he is now emancipated and therefore your child support obligation needs to be recalculated for the benefit of your younger child.... View More

1 Answer | Asked in Criminal Law, Municipal Law and White Collar Crime for New Jersey on
Q: Is a search warrant that is not hand signed by a judge but rather has a judges named typed in the signature space valid?
Brad V. Shuttleworth
PREMIUM
Brad V. Shuttleworth pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2024

It's understandable why someone would question the validity of a search warrant without a judge's hand-drawn signature. However, search warrants now often only contain the typed name of the judge who issued the warrant because law enforcement officers are permitted to apply for a search... View More

2 Answers | Asked in Bankruptcy for New Jersey on
Q: A constable has stop by my house twice while I, was out ,I have not been arrested what can he want?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2024

The Constable is coming to serve you with legal pleadings of some type. You are not going to be arrested. You need to retain an experienced civil litigation attorney to protect your rights. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a... View More

View More Answers

3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New Jersey on
Q: How can I register an idea?

I have an idea for a novelty in dentistry, researched it, and built a proposal, but I am afraid to present it to anyone because I could lose the rights of my idea. What do you think I should do? Thank you.

Alan Harrison
PREMIUM
Alan Harrison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2024

You can file a patent application, or a provisional patent application, to start the process of protecting your idea with a patent. Some ideas might be possible to protect as a trade secret, for example if you knew of a particular way to do a dental operation then you might teach people how to do... View More

View More Answers

1 Answer | Asked in Elder Law and Civil Litigation for New Jersey on
Q: Can my son sell "his half" of my mother/daughter single family home to a non-relative without my consent.

Both our names are on the mortgage and the title as of 3 years ago when he suggested we refinance the mortgage at a lower interest rate. Prior to that, it had been in my name only since 2004 when my husband died.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2024

This situation will require a consultation with an experienced civil litigation attorney to sort through all this. You should expect to pay for about 1/2 an hour of attorney time to obtain the advice and best way to proceed. Pick the best attorney you can find and remember one rule: a good... View More

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: if a marrried couple getting a divorce and dont have assets property etc will there be spousal and alimony
Richard Diamond
Richard Diamond
answered on Oct 21, 2024

It depends. The fact that there may not be assets to divide, does not mean that there is no potential entitlement to support. The starting point of that inquiry is whether there is a difference between the party's income settings, who occupied what role in the marriage and how long the parties... View More

View More Answers

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: if a marrried couple getting a divorce and dont have assets property etc will there be spousal and alimony
Valerie Hemhauser
Valerie Hemhauser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2024

Having no assets alone does not negate the possibility of an alimony support obligation.

Alimony is intended to enable the supported spouse to share in the economic rewards of the marriage, occasioned by the paying spouse's income level. Considerations in whether an alimony support...
View More

View More Answers

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: if a marrried couple getting a divorce and dont have assets property etc will there be spousal and alimony
LaDonna M. Cousins
LaDonna M. Cousins
answered on Oct 21, 2024

The answer depends on several factors. The factors are detailed in the statute. The factors include, but are not limited to, each of the parties' incomes, the parties' lifestyle during the marriage, a party's need, a party's ability to pay, childcare responsibilities, and more.... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.