Mark S Guralnick’s Answers

Mark S Guralnick

Marlton Family Law Attorney.

Contributor Level 14
  1. In New Jersey, how many witnesses are needed for a will, and must the will be notarized?

    Answered over 4 years ago.

    1. Mark S Guralnick
    1 lawyer answer

    My best advice, to make the will a self-proving will, is to have two witnesses, plus a notary public. Everybody should be present at the same time. You mom should sign in the presence of the two witnesses and the notary public, and each of the witnesses should do the same. Then have it notarized. This will give your mother the best protection. (It is also best to make sure that neither the witnesses nor the notary are beneficiaries under the will). If you think this post was helpful, please...

    11 people marked this answer as helpful

  2. In NJ, am I eligible for more alimony if I am married 10 yrs versus 9.10 yrs? I just caught my husband cheating.

    Answered over 4 years ago.

    1. Mark S Guralnick
    2. Theodore W. Robinson
    2 lawyer answers

    Don't worry. You're OK either way. There was a case some years ago that held that a judge should make a presumption of permanent alimony after a couple has been married for ten years or more. Some lawyers have treated this case as saying that you'd better stay married for ten years in order to get the best deal, but that's not really true. You've been married long enough to qualify for permanent alimony as well as possibly rehabliitative alimony and limited duration alimony. It all depends...

    7 people marked this answer as helpful

  3. Child support laws in New Jersey? How to calculate?

    Answered about 4 years ago.

    1. Mark S Guralnick
    2. Aniello David Cerreto
    2 lawyer answers

    I wish I could give you a quick answer, but it's really quite complicated these days. Like all states, child support is based principally on (a) how many children you have; (b) how much you earn; (c) how much the other parent earns, and (d) how you divide the custody and visitation schedule. But there are many other factors -- so many, in fact, we know use a sophisticated child support software system to come up with the correct number. For example, health insurance, alimony, special expenses,...

    Selected as best answer

  4. Can I get custody of my son back?

    Answered over 2 years ago.

    1. Mark S Guralnick
    2. Yolanda Navarrete
    3. Ronald Glenn Lieberman
    4. David Perry Davis
    4 lawyer answers

    As the natural, biological mother of the child, you certainly would have legal standing to seek full custody of your son. It sounds like you have many favorable things to offer your son, and that you genuinely seem dedicated to the job of being a good mother. How easy you can take back custody, after turning over custody to you mother, depends on many factors: For example, how did your mother get custody? Was it through a general custody order? Kinship legal guardianship? Adoption? Depending...

    3 lawyers agreed with this answer

  5. Is a verbal agreement as binding as a written contract?

    Answered over 4 years ago.

    1. Mark S Guralnick
    1 lawyer answer

    Yes (as a general rule). The key to this answer is the fact that the manufactuer already began to fill the order. Once you take action in reliance upon your customer's order, and then you incur a charge...this is known as "detrimental reliance." You relied on your customer's word -- to your own personal financial detriment. Therefore, your customer is on the hook. Keep good records. Demand payment from the customer for the partial payment due. If that fails, file a lawsuit against him. (Of...

    Selected as best answer

  6. I need to know what to do to divorce my husband of 9 years.

    Answered almost 4 years ago.

    1. Mark S Guralnick
    2. Ronald Glenn Lieberman
    2 lawyer answers

    If your marriage cannot be saved, then you'll need to file a Petition for Dissolution of Marriage to get the process started. If you and your husband can reach some agreements at the outset, or along the way, you can save yourself a great deal of time and money. The court will likely direct you to participate in mediation, and you can arrange a mediation yourself early in the case -- this will also get you to the end of the case faster and cheaper too. Your chances of getting primary custody...

    Selected as best answer

  7. I was married in another country but currenlty staying in the USA for 3 yrs in NJ. Can I still get a divorce even if she leaves

    Answered almost 4 years ago.

    1. Mark S Guralnick
    2. Janice Newman Teetsell
    2 lawyer answers

    Yes, you can get a divorce in New Jersey. If you have been a resident for one year or more and you have irreconcilable differences, you qualify for a New Jersey divorce. You should act quickly, however. If she is leaving the United States, it will be much more difficult and expensive to serve her with the divorce papers, once she leaves. It is better to serve her with the papers. here. Please feel free to call, and I will walk you through your legal rights. We have offices in Jersey City....

    Selected as best answer

  8. What should I do if I suspect the trustee of my late father's trust of dishonesty and neglect of fiduciary duties?

    Answered over 4 years ago.

    1. Mark S Guralnick
    2. George E Meng
    3. Theodore W. Robinson
    3 lawyer answers

    If you can prove the things you say, then the trustee may be in breach of her fiduciary duties. You should then file an Order to Show Cause and emergency petition to vacate the trustee's appointment. Depending on the nature of the trust instrument, you may also need to file a Complaint in the Circuit Court of Anne Arundel County. We handle such Maryland cases and would be happy to help. Please call 1-866-337-2900. -- Mark S. Guralnick

    Selected as best answer

  9. Under NY law do I have to file a notice of claim before suing ACS and the NYPD?

    Answered over 4 years ago.

    1. Mark S Guralnick
    2. Richard S. Jaffe
    3. Theodore W. Robinson
    3 lawyer answers

    Yes, you should give tort claims notice of claim before filing suit. Do you have your children back yet? Sounds like the bigger problem is the neglect action and the likely dependency proceedings. You should act first to secure your children, restore your custody rights and conclude your issues with ACS and the Police before you trying to sue them. If you sue them while your children-related issues are still going on, you're likely to frustrate the outcome of your case.... Call if you need...

    Selected as best answer

  10. Visitation

    Answered over 2 years ago.

    1. David Perry Davis
    2. Mark S Guralnick
    3. Michael William Fine
    3 lawyer answers

    Technically no, since the child is no longer technically a child once the "child" turns 18. Of course, you could simply make visitation arrangements directly with the 18-year-old. If he or she wants to be visited, then he or she should be able to make arrangements with you directly. If there are peculiar circumstances in your case, it may be possible to petition the court for visitation rights of a child over the age of 18, but this would involve an examination of the circumstances....

    2 lawyers agreed with this answer

    1 person marked this answer as helpful