Divorce cases often involve a detailed consideration of many...Read More
Family Law and Commercial Litigation Lawyer Serving Northern New Jersey and New York
At Leopold Law, we understand that your legal needs require knowledgeable and dedicated representation. After more than 25 years of handling real estate, commercial litigation, debt collection, personal injury, and family law matters, Bergen County attorney Howard Leopold has accumulated the experience and resources necessary to pursue your objectives. He can assist clients throughout Northern New Jersey and in New York.Protecting Your Interests in a Divorce Proceeding
At Leopold Law, we regularly advise individuals who are seeking to dissolve a marriage and represent them in any related court proceedings or mediation. In New Jersey, a divorce complaint may be filed for a no-fault divorce, rather than claiming fault-based grounds. In a no-fault divorce, the parties do not present evidence of wrongdoing by one spouse that caused the marriage to end. The marriage is dissolved due to separation or the presence of irreconcilable differences with no reasonable chance of reconciliation. While separation requires that the parties have lived apart for at least 18 consecutive months, a divorce based on irreconcilable differences requires no separation period but only that the parties have experienced irreconcilable differences for at least six months.
In New Jersey, unless there is a prenuptial agreement or the parties otherwise agree to the division of their assets, their marital property will be subject to equitable distribution by a court. Each spouse will typically keep his or her separate property, which is broadly defined as assets acquired by either spouse before marriage, or gifted to or inherited by one spouse during the marriage. Separate property may be subject to equitable division in certain situations, such as when it increases in value due to the efforts of the other spouse. In dividing the property equitably, the court may consider statutorily enumerated factors to determine what would be “fair.” An exactly even split is not required.Representation in Business Transactions and Commercial Litigation
The commercial litigation lawyers at Leopold Law represent businesses in a wide range of matters, including breach of contract claims, shareholder disputes, minority freeze-outs, business torts, employment disputes, fraud, product liability, regulatory and environmental compliance, insurance coverage, and real estate. Litigation is typically initiated by filling a complaint with the appropriate court, although the parties sometimes may settle a dispute through mediation or negotiation.
Many of these cases will involve discovery requests for information relevant to the claim, as well as pre-trial motions and hearings. For example, a summary judgment motion asks the judge to rule in one party’s favor before the trial because that party believes that there is no genuinely disputed issue of material fact, and it should prevail as a matter of law. Other motions may determine the scope of the evidence that can be considered or the range of legal theories on which a claim may rest.Legal Guidance in Real Estate Transactions and Disputes
Leopold Law assists clients in a variety of real estate issues, including those related to banks, lenders, partitions, tenancy disputes, modification of loans or mortgages, and foreclosures. A common reason that foreclosure proceedings are initiated against homeowners or other landowners is a failure to make mortgage payments. A mortgage is a secured loan, in which the home or other property purchased is the security for the mortgage loan. The bank or mortgage lender must follow strict legal requirements in order to foreclose on the property, including giving the homeowner proper notice. There are many potential defenses to foreclosure, such as the lender’s failure to follow the statutorily prescribed procedures.
Both tenants and landlords may need the assistance of an attorney to resolve tenancy disputes. As an example, landlords have a duty under landlord-tenant law to maintain their rental properties in a safe and fit condition under the warranty of habitability. This includes keeping a rental property up to statutory code, as well as taking care of the physical structure and appliances. At Leopold Law, our real estate attorneys can advise landlords of their responsibilities, assist tenants in demanding that their landlords make repairs, and more.Vigorous Advocacy in Debt Collection
Leopold Law provides collection services in New Jersey and New York, handling credit card collections, past-due loans, liens, and a range of other commercial collections actions. In many cases, we can develop creative solutions that are tailored to your business in order for you to receive payment without filing an action in court. If a collections action is necessary, there are several legal requirements. You likely would need to send a demand letter to the borrower in default and then potentially file a complaint against the borrower in court. If a favorable judgment is secured, there are several ways in which it may be enforced, such as garnishment of wages, liens, and asset seizures.Pursuing Compensation for Accident Victims
We also represent accident victims in personal injury cases, which are usually brought under the legal theory of negligence. In order to establish negligence, the plaintiff must establish that the defendant owed a duty of care to the plaintiff, the defendant failed to conform to that duty, the defendant’s acts caused the harm suffered by the plaintiff, and the plaintiff incurred damages. Damages in personal injury cases may include economic damages, such as medical expenses, lost wages, or property damage, as well as more subjective, non-economic damages, including pain and suffering or loss of companionship and consortium.Discuss Your Legal Matter with a Bergen County Attorney
Enlisting the services of our dedicated and capable legal team at Leopold Law may provide you with the guidance needed to successfully navigate a complex legal matter. Bergen County lawyer Howard Leopold advises clients on family law, business litigation, real estate, personal injury, and collections cases. He serves Bergen, Passaic, Hudson, and Essex Counties, among other areas of Northern New Jersey and New York. Call Leopold Law at (201) 345-5907 or contact us online to set up a free consultation.