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Sara Sencer Mc Ardle

Sara Mc Ardle’s Answers

26 total


  • What happens in vehicular homicide case when both parties were over the legal limit and deceased driver made illegal turn?

    Sara’s Answer

    Vehicular homicide cases are very difficult. However, if the driver made an illegal turn, it seems to me that the reason for the accident must be something that your boyfriend actually did. In other words, was the accident your boyfriend's fault. Was he speeding? 16 years is a very long time.

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  • Can a lawyer make me give ex wife’s alimony to him?

    Sara’s Answer

    This is unusual. If there is not an agreement between you and your wife or it can be shown that your wife authorized such an arrangement, then I would be careful not to do this.

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  • How should I answer this question "Have you ever been arrested or convicted for any offense or crime?" In my DS 160 form?

    Sara’s Answer

    You need to consult with an immigration attorney. I am not comfortable answering this question.

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  • Non-Custodial Parental Rights in NJ. (Father has weekends with daughter)

    Sara’s Answer

    This is a very difficult situation. A motion for change of custody will have to be filed and this requires a plenary trial. You will have the burden of proof and will have to demonstrate that your home is the more appropriate residence and that it is in the child's best interest that custody be changed. The fact that you have more money than the child's mother will play into the equation but will not be the only issue considered. A custody expert may well be appointed to help the court make a decision regarding this issue. You will need a New Jersey attorney to guide you when asking for this kind of remedy

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  • At what age can a child refuse to go for visitation with the non-custodial parent, in the state of New Jersey.

    Sara’s Answer

    There is no clear cut answer at what age a child can refuse to attend parenting time with the noncustodial parent. A court will be loathe to stop parenting time.
    It is generally the rule that the noncustodial parent should take the child to the extracurricular activities. If a motion is filed, the court may order the father to take do so. The custodial parent should not overschedule the child for extracurricular activities. Each parent has the right to have quality time with his or her child and over scheduling can inhibit that relationship. Moreover, a court may well take a dim view of the custodial parent who schedules an inordinate amount of activities for a child during the noncustodial parent's parenting time.

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  • What kind of divorce does my father need when my mother abandoned our family over 15 years ago?

    Sara’s Answer

    In New Jersey, a divorce complaint is filed and then the other spouse must be served. If the spouse that filed the Complaint for Divorce does not know where the other spouse lives, the service must be made in the newspaper and permission for this type of service must be given by the court. Since there is probably nothing to divide, the divorce should not be exceedingly costly; however, it is always difficult to predict how much a divorce will cost. A divorce lawyer will be able to guide your through the procedures in filing the complaint and serving your spouse.

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  • How long do I have to wait to get off life community supervision (Megan's law)

    Sara’s Answer

    Depending upon community supervision for life, you can apply for termination after 15 years from the date that you finished your sentence. If you are on parole supervision for life, you may not be able to qualify to be released from parole supervision for life. Since you were sentenced in 1997, we are assuming that you are on community supervision for life.

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  • I was walking with an open container in New Jersey, got stopped by the cops for a ticket, do I have an arrest record?

    Sara’s Answer

    You were not arrested and it will therefore not show up on your arrest record. Municipal ordinance violations will not show up on your criminal history unless they started out as something more serious. For example, if you were charged with a disorderly persons offense or a petty disorderly persons offense (simple assault, disorderly conduct, shoplifting, etc.) these would be considered “offenses” in New Jersey. Other jurisdictions often refer to them as “misdemeanors.” They are technically not “crimes,” but they will show up on your record unless you get them expunged from your record. More serious offenses are called “indictable offenses” in New Jersey and would be correctly categorized as “crimes.” These would obviously also appear on your record.

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  • Divorce counter claim

    Sara’s Answer

    1. Under the New Jersey Court Rules, you have 35 days from the date that you were served with a complaint to file an answer(and counterclaim, if necessary) with the court. This time period may be extended if you get the consent of the filing party or the consent of the court. Usually, consent to file an answer out of time is given by the opposing attorney; not so much out of compassion but because it is easier to deal with an attorney on the other side and there are complications in trying to obtain a default judgment against a defendant in a divorce case, particularly when there are assets that need to split up, children that need support, spouses that have a valid alimony claim, etc.
    All that needs to be filed with the answer are some basic documents alleging non-collusion, outlining insurance coverage on the family, and recognizing the availability of mediation. Also, a Confidential Litigant Information Sheet is filed with the court at this time (it is only filed with the court and not shared with the other party). The financial information gets filed a short time after the complaint or answer by each party. The document that must be filled out by each side is called the Case Information Statement. It asks for your income, expenses, assets and your liabilities, both yours and joint with your spouse. It should be amended throughout the divorce process if your financial situation changes. You should include your last year’s tax return and your last three pay stubs.
    If you are financially dependent on your spouse, you should file a motion for pendente lite relief soon after the complaint or answer is filed. In the motion, you should ask the court for some financial help from your spouse to help run your household during the divorce process.
    Pendente lite is Latin for “pending the litigation.”
    Be sure your attorney will be filing your answer within the proper time period or has gotten consent to file it out of time.

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  • If ex-wife sells engagment and wedding rings prior to divorce being official, is the money an asset?

    Sara’s Answer

    The engagement ring is your wife's and only hers and is not subject to equitable distribution. The engagement gift is considered a conditional gift and upon the marriage becomes the property of the Wife. The wedding band may be subject to equitable distribution because gifts between spouses during the marriage may be subject to equitable distribution. Depending on the worth of wedding band it may not be price effective to litigate whether it is subject to equitable distribution.

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