In our Legally Speaking Blog, an attorney from the NJSBF Speakers Bureau answers a general legal question.
Please note the information provided in Legally Speaking is general information and does not constitute legal advice, which should only be given by retained counsel.
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In New Jersey, all parents have an obligation to financially support their children, whether the children were born of a marriage or of a dating relationship. Child support is paid to the custodial parent of the child, regardless of that parent's gender. As there are...read more
What should a divorcing couple know about the process of using a divorce mediator and what are the benefits?
Mediation is a process where the parties work with a Mediator, who serves as a neutral and balanced facilitator. The Mediator assists them in defining their issues and problems. The Mediator helps them work through these issues and problems, so they can arrive at a...read more
If I am called to serve in the military, is my employer required to hold my job for me until I return?
The simple answer is "probably, but maybe not." Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), an employer must re-employ an employee if he/she (1) gives advance notice of the service; (2) has 5 years or less of military service...read more
The answer is: it depends. A victim of a scam has recourse in the courts. The victim can sue the scammer and get a judgment against the person for fraud but that does not mean the victim will "get their money back" since the scammer may not have assets to attach with...read more
Litigation is a duel between warring factions. The attorney is the champion for his/her client and uses whatever weapons are in the attorney's arsenal to win the war. There are many battles between the parties before one is declared the winner by the judge. Mediation...read more
Under what circumstances may a landlord enter a rental property without the tenant’s consent in New Jersey?
The simple and obvious answer is, no, a landlord cannot enter a rental property without the tenant's consent. New Jersey has one of the most liberal, pro-tenant laws in the country save California. A tenant's right to peaceful possession of its rental property is...read more
A handwritten will, also referred to as a holographic will, is valid as a will, under NJSA 3B:3-2, if it is signed by the testator, whether or not it has been witnessed, and if the material portions of the document are in the testator's handwriting. Where the...read more
As with most legal questions, the answer is that it depends. For the most part, people are legally allowed to operate a small business from their home. For example, an attorney can operate a law practice from his or her home, since it provides a brick and mortar...read more
New Jersey residents face three possible "death taxes"—inheritance tax, NJ estate tax and federal estate tax. If you leave property to someone other than your spouse, children, grandchildren, parents or a charity, then your heirs may have to pay inheritance tax. If...read more
Many people erroneously assume that there is a certain designated period after they receive a discharge in bankruptcy where they are ineligible to either apply for or receive new credit cards or other debt. This is entirely untrue. While a bankruptcy filing generally...read more