Legal guides
New Jersey legal guides
Plain-English explanations of common legal situations in New Jersey: what the law generally says, the deadlines that matter, and what to ask a lawyer.
28 guides
Personal Injury
Find a firmCar accident in New Jersey: what to do and when to call a lawyer
New Jersey is a no-fault state, so your own Personal Injury Protection (PIP) coverage usually pays your medical bills first, no matter who caused the crash. Whether you can also sue the other driver for pain and suffering depends largely on the lawsuit option on your own policy. You generally have two years from the crash to file a lawsuit.
7 min read
Truck accident in New Jersey: who's liable and what to do next
Truck crashes in New Jersey follow the same basic injury rules as car crashes, including the two-year filing deadline, but they add a layer of federal safety regulations and often involve several companies that may share responsibility. Key evidence like driver logs and electronic data can disappear quickly, so early action to preserve it matters.
6 min read
Motorcycle accident in New Jersey: insurance gaps and your rights
Motorcyclists in New Jersey generally don't get PIP no-fault benefits the way car occupants do, so medical bills often fall to health insurance, optional medical payments coverage, or a claim against the at-fault driver. New Jersey requires all riders and passengers to wear helmets, and a rider who was partly at fault can still recover as long as they weren't more at fault than the other side. Most lawsuits must be filed within two years.
6 min read
Hit by a car while walking in New Jersey: your rights and coverage
If you're hit by a car while walking in New Jersey, your medical bills usually go first to the PIP coverage on your own auto policy or a policy owned by a relative you live with. If no household policy exists, other sources like a commercial vehicle's policy or the state's Unsatisfied Claim and Judgment Fund may apply. Drivers must stop and stay stopped for pedestrians in marked crosswalks, and you generally have two years to file a lawsuit.
6 min read
Uber or Lyft accident in New Jersey: whose insurance pays?
In New Jersey, the insurance available after an Uber or Lyft crash depends on what the driver was doing in the app at that moment. When a driver is logged on and waiting for a request, lower liability limits apply; during a prearranged ride, the law requires $1.5 million in liability coverage. Most injury lawsuits must still be filed within two years.
6 min read
Slip and fall in New Jersey: premises liability basics
In New Jersey, a property owner is generally responsible for a fall only if it knew, or reasonably should have known, about the hazard and failed to fix it. Commercial owners must maintain the public sidewalks next to their property, while homeowners generally don't, and falls on government property require a written notice of claim within 90 days. Most other fall lawsuits must be filed within two years.
6 min read
Dog bite in New Jersey: owner liability and your options
New Jersey holds dog owners strictly liable when their dog bites someone in a public place or someone lawfully on private property, even if the dog never bit anyone before. Injuries that aren't bites, like being knocked over, follow different rules. Many claims are paid through the owner's homeowner's or renter's insurance, and most lawsuits must be filed within two years.
6 min read
Medical malpractice in New Jersey: deadlines and how claims work
In New Jersey, a medical malpractice lawsuit generally has to be filed within two years, counted from when you knew or reasonably should have known about the injury and its likely cause. Children get extra time, and birth injury claims can be filed up until the child's 13th birthday. Early in the case, the patient must also file an Affidavit of Merit from a qualified professional saying the care appears to have fallen below accepted standards.
5 min read
Wrongful death in New Jersey: who can file and the deadlines
When someone dies because of another person's wrongful act or negligence, New Jersey allows a wrongful death claim for the financial losses the family suffers, plus a separate survival claim for what the person who died could have recovered. The case is brought by the estate's representative, often an administrator ad prosequendum, and generally must be filed within two years of the death.
5 min read
Family Law
Find a firmRestraining orders in New Jersey: TROs, FROs and what to expect
Under New Jersey's Prevention of Domestic Violence Act, a person who is a victim of certain offenses by a spouse, household member, dating partner or co-parent can get a temporary restraining order (TRO) the same day from the police or the Family Part. A final restraining order (FRO) hearing is held about 10 days later. An FRO has no expiration date and carries real consequences for the defendant, including a ban on weapons and entry in a confidential statewide registry.
5 min read
Divorce in New Jersey: grounds, timeline and when to get a lawyer
Most New Jersey divorces are filed on the no-fault ground of irreconcilable differences, which requires that the marriage has broken down for at least six months with no reasonable chance of reconciliation. Generally, one spouse must have lived in New Jersey for the year before filing, and the plaintiff's filing fee is $300. Property is split under equitable distribution, which means fairly, not necessarily 50/50.
7 min read
Child custody in New Jersey: how judges decide and what to expect
New Jersey courts decide custody based on the best interests of the child, using the factors listed in N.J.S.A. 9:2-4. Joint legal custody, where both parents share major decisions, is the most common arrangement, with one parent often designated the parent of primary residence. When parents disagree, the court generally sends them to custody mediation first, and each parent may have to submit a written parenting plan.
6 min read
Child support in New Jersey: how it's calculated and when it ends
New Jersey calculates child support using the Child Support Guidelines, an income shares model where each parent pays in proportion to their share of the combined income. The guidelines are presumed correct unless a party shows they would be unfair in that case. Under a 2017 law, support generally ends at age 19, but it can continue up to age 23 for a child still in school or with a disability.
7 min read
Alimony in New Jersey: types, how long it lasts, and the 2014 law
New Jersey judges decide alimony using the factors in N.J.S.A. 2A:34-23, and there is no fixed formula. Since the 2014 alimony reform, the available types are open durational, limited duration, rehabilitative and reimbursement alimony. For marriages under 20 years, total alimony generally cannot last longer than the marriage did, unless there are exceptional circumstances.
6 min read
Criminal Defense
Find a firmFirst DWI in New Jersey: penalties, interlock and what happens next
In New Jersey, a first DWI is a motor vehicle offense handled in municipal court, not a crime, but the penalties are real: fines of $250 to $500, 12 to 48 hours at an Intoxicated Driver Resource Center, a $1,000 yearly insurance surcharge for three years, and possible jail of up to 30 days. Since the 2019 law took effect, most first offenders install an ignition interlock device instead of facing a long license suspension. Refusing a breath test carries similar penalties.
5 min read
Charged with shoplifting in New Jersey: penalties and options
In New Jersey, shoplifting is graded by the full retail value of the merchandise under N.J.S.A. 2C:20-11. Under $200 is a disorderly persons offense heard in municipal court; $200 and up is an indictable crime handled in Superior Court. Many first-time defendants may be eligible for diversion like conditional dismissal or PTI, and stores can separately demand civil payment whether or not you are convicted.
5 min read
Drug possession charges in New Jersey after cannabis legalization
Since February 2021, adults in New Jersey can legally possess up to six ounces of marijuana, and possessing that amount is no longer any kind of offense. Possessing other controlled dangerous substances like cocaine, heroin or pills without a prescription is still generally a third degree crime under N.J.S.A. 2C:35-10. First-time defendants may qualify for diversion like conditional discharge or PTI, and past marijuana cases were largely vacated.
5 min read
Estate Planning
Find a firmWriting a will in New Jersey: legal requirements and tax basics
In New Jersey, anyone 18 or older and of sound mind can make a will. A standard will must be in writing, signed by you, and signed by two witnesses, and adding a notarized self-proving affidavit makes probate easier. New Jersey has no estate tax for deaths since January 1, 2018, but it still has an inheritance tax that can apply to gifts to people other than close family.
6 min read
Probate in New Jersey: steps, timeline and the Surrogate's Court
In New Jersey, probate usually starts at the Surrogate's office in the county where the person lived, and a will generally cannot be probated until 10 days after death. The Surrogate admits the will and issues letters testamentary to the executor, or letters of administration if there is no will. Many estates also need inheritance tax waivers from the Division of Taxation before certain assets can be released.
7 min read
Elder Law
Find a firmReal Estate
Find a firmEmployment
Find a firmFired in New Jersey: when a termination is actually illegal
Most New Jersey employees work at will, which means an employer can fire you for a bad reason or no reason at all. A firing becomes illegal when the real reason is something the law protects, such as your race, age or disability, reporting illegal conduct, or a promise in a contract. Deadlines are short: a whistleblower claim under CEPA generally must be filed within one year.
7 min read
Workplace discrimination and harassment in New Jersey
The New Jersey Law Against Discrimination (LAD) protects workers at employers of every size from discrimination, harassment and retaliation based on a long list of traits. You generally have 180 days to file with the NJ Division on Civil Rights or two years to sue in Superior Court, and you cannot do both at once. There is no cap on damages under the LAD.
6 min read
Immigration
Find a firmMarriage green card in New Jersey: the process step by step
A marriage green card is a federal process, so the rules are the same in New Jersey as everywhere else. The U.S. citizen or permanent resident spouse files Form I-130, and the immigrant spouse then either adjusts status inside the U.S. with Form I-485 or goes through consular processing abroad. If you have been married less than two years when the green card is approved, it is conditional and you must later file Form I-751.
7 min read
Facing deportation in New Jersey: courts, bond and defenses
Deportation cases, called removal proceedings, are heard in federal immigration courts. New Jersey has two: the Newark Immigration Court for people who are not detained and the Elizabeth Immigration Court inside the Elizabeth detention facility. You have the right to a lawyer, but not one paid for by the government, and relief such as asylum or cancellation of removal has strict requirements and deadlines.
7 min read