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Marie Nancy Sapienza

Marie Sapienza’s Answers

82 total


  • What state do I need to hire a divorce/custody attorney in? Also what state would I have the best chances of getting custody?

    I was married in Colorado, my estranged wife lives in Louisiana and currently has my daughter with her and I currently reside in New Hampshire.

    Marie’s Answer

    If you have lived in NH for at least a year, you may file in NH.

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  • Landlord is being fined for not complying with HOA rules, now he wants me as tenant to pay the fee until the problem is solved

    I moved into a condo on 11/1/15 with my roommate. When we signed the 1 year lease, it stated that we were allowed to have 2 domesticated dogs and no mention of an HOA board or rules. Upon moving in, our landlord told us we had to get the 2 dogs no...

    Marie’s Answer

    This is a tough situation that is potentially costly for your landlord. First you must decide if you want to stay where you are. If you are like most dog owners, your pets are part of the family.

    You can't really be held responsible for fees assessed to your landlord by the HOA. And you have a contract where your landlord expressly permits the pets. So your landlord has a lot of liability in this situation. As a compromise, I'd ask the landlord to pay your moving expenses to a new place where the pets are permitted. If you can't find a comparable place for similar monthly rent, your landlord could be responsible for the difference for the period of the lease you already signed. If your landlord is unwilling to negotiate, you'd have a strong position in court.

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  • Why do I pay $4000 for temporary alimony, why is the judge enabling her to get half of my money each month?

    I am in the military for 27 year, married for 18 years, have not lived with her for over 10 years and I have no kids we have a house and she is a lawyer without a job she requested emergency alimony for $4000 a month

    Marie’s Answer

    Alimony is based on need and ability to pay. The judge should have provided an explanation in the order. There's no way that someone who is not familiar with the case could offer you a detailed answer. If the order still leaves you unclear, you can file a motion for clarification.

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  • If I sign a lease & my parents need to sign a guarantor agreement, yet they haven't signed it and I want to terminate it can I?

    The lease doesn't start until May, but I would like to get out of it before it starts because I don't want my parents liable for anything.

    Marie’s Answer

    You must be certain of the terms of the contract and should probably have an attorney review it. But if your parents are a necessary party, and they have not signed, it's likely you are not bound to the contract.

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  • Who is responsible for cost of road maintenance if a developer sells house, with road in Deed, and he then dies.

    I purchased house from developer but road was kept in the deed and seller lied saying not a problem because I would only have to share cost of maintainance with other owners since there was an association. After he died, found out there was neve...

    Marie’s Answer

    Yours is a complicated situation. You may have the option of having the town accept the road, if it meets code. It also depends on exactly what your deed and exactly what the others' deeds say. You should definitely consult a knowledgeable real estate attorney.

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  • Can I sue for emotional distress

    I recently hooked up with a girl I met at a concert. We started to get down to "business" in my car, but it turned out that she was a dude. I totally freaked out and had a fit right there in the lot. Anyway, that was a few weeks ago and I can't ...

    Marie’s Answer

    You sound very upset about this experience. Unfortunately, I do not believe there is any legal theory that would allow you compensation, as it sounds like all that happened was that you were shocked by learning more about your "date" than you knew before she removed her clothes. She did not assault you or commit a criminal act. You might feel as though you were duped. However, cross dressing is not a crime. You did not suffer a loss of money or damage to property. You say that you need medical attention; that could be a "loss" in the eyes of the law. But then the law would look to your culpability in the matter as well. For example, it will work against you that you failed to get to know her better before becoming intimate. If you were to start a law suit, you could get the record sealed, but that is up to the Court.

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  • My neighbor has placed my family /my front yard under 24 hour surveillence, from his home and company van is this legal?

    for almost a year we have suffered threats of bodily harm, bullying,intimidation, ongoing vandalism , trespassing, and telephone harassment. we are an elderly couple battling terminal illness. this neighbor wants us out of the neighborhood and ma...

    Marie’s Answer

    Sounds like you have grounds to obtain a civil restraining order enjoining or stopping your "neighbors" from all of those behaviors. Please contact an attorney immediately. No one should feel afraid in their home.

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  • How difficult is it to get a Divorce after a legal separation?

    I am currently going through a legal separation. How difficult is it to file for divorce after the legal separation is concluded? Thanks for your time!

    Marie’s Answer

    If both parties assent. It's as easy as filing a motion and paying the filing fee. Even if the other party does not assent, it shouldn't be terribly difficult because presumably you have covered all areas in the separation that would need to be covered in a divorce. Unless someone wants to dispute spousal or child support, there wouldn't be much over which to argue.

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  • An owner's husband, who's name isn't on the deed (for asset protection) wants to be on board.

    The bylaws specify only owners can serve on the board. He wants to have bylaws amended to allow him to serve. Is there any reason we should not allow this?

    Marie’s Answer

    Serving on the board of a condo association is a thankless position that is usually hard to fill. I can see why you'd consider a non-deeded owner as a candidate. If the couple was not married, I'd say it would be a bad idea to have him on the board. But as the owner's husband, he does have equitable property rights in the condo as the condo is part of the marital estate. His actions as a board member are not likely to conflict with the interests of his owner-wife's.

    It's best to have an attorney draft a proper amendment your declaration or by-laws.

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  • My child support is court ordered at $550.00 a week.!! I definitely can not afford this as I ONLY made $650-$750 a week.

    I hired a lawyer to help me and this basically made me bankrupt! I couldn't pay the lawyer anymore so now I am on my own and get steamrolled evertime I go into the courthouse. This case has gone on for 1 yr now I have NO visitation rights and I ha...

    Marie’s Answer

    If you have been laid off, you should immediately file a motion to modify child support. Any order the Court makes is retroactive back to the time you make such a filing. There aren't enough details provided on the bigger issue for me offer any further information, except that you may qualify for a free or reduced fee attorney through the NH Bar Association.

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