Simon, Monahan & Simon L.L.C.Comprehensive Legal Services From Attorneys Who Get Results2026-08-07T09:28:22Zhttps://www.simonmonahanlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1501553/2020/04/apple-touch-icon-75x75.pngOn Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[Should both spouses file for bankruptcy together?]]>https://www.simonmonahanlaw.com/?p=473282026-08-07T09:28:22Z2026-08-07T09:28:22ZIndividual versus joint filing
Because New Jersey is a common law state, you keep debt and asset ownership separate unless you clearly share them. Here are the key differences between individual and joint filing.
Filing individually (one spouse):
Credit protection: A bankruptcy filing generally appears only on the filing spouse's credit report, although joint debts may still affect the non-filing spouse.
Asset safeguards: Property owned solely by the non-filing spouse may, in some circumstances, be outside the bankruptcy estate, depending on applicable law and the facts of the case.
The joint debt warning: A discharge generally eliminates the filing spouse's personal liability for qualifying debts but does not eliminate the non-filing spouse's liability on joint debts.
Filing jointly (both spouses):
Potentially broader relief: Erases qualifying individual debts for both partners as well as all shared liabilities, subject to the requirements and limitations of the Bankruptcy Code.
Cost-effective: Requires only one court filing fee and typically lower overall legal fees than two separate cases.
Double exemptions: Allows married couples to jointly file to claim double exemptions, potentially protecting a greater amount of shared assets.
If debt belongs to one person, that spouse can file individually without dragging their partner into bankruptcy. However, if the account was opened jointly or co-signed, creditors can still pursue the non-filing spouse for 100% of the remaining balance.
Making the right choices
The best bankruptcy option for you usually depends on how much debt you share with your spouse versus how much you owe on your own. Seeking the guidance of a skilled bankruptcy attorney could help you understand your legal options and protect your financial future.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[Why do DIY wills often fail in court?]]>https://www.simonmonahanlaw.com/?p=473272026-07-17T14:03:16Z2026-07-17T14:03:16ZDid you fix your dryer just by watching a DIY video on YouTube? Fantastic. Do you want to do the same with your will? Be careful! Even a small mistake can invalidate your entire document, leaving your beneficiaries in a legal nightmare. In fact, many DIY wills have failed in New Jersey courts. Here is why.
Ambiguous language
If you are preparing a DIY will using an online template, it might give you the boilerplate legal language. Unfortunately, that is not enough. Without a clear grasp of the nuances, things could backfire. You may omit critical terms or fail to name alternate executors.
Faulty execution
New Jersey courts take wills seriously and have strict requirements in place that have to be met before they deem any legal document valid. Before reviewing the written content of the document, a court might focus on the process of will execution. A small misstep during execution can lead to scrutiny by the judge. For instance, the court expects the testator to sign the document in the presence of at least two witnesses, who must also sign it. If you fail to follow these exact signature protocols or if your witnesses happen to be one of the beneficiaries, the court may dismiss your entire will.
Lack of clarity in asset classification
Not all assets can be passed down through a will. Many people mistakenly include assets that already have designated beneficiaries, such as 401(k)s or life insurance policies. DIY wills frequently fail to distinguish between probate and non-probate assets. Furthermore, the lack of clarity regarding tax complications may lead to conflict during the execution of the will.
Don’t risk it
Unlike most other DIY projects, you may not always be around to fix a will if any issue arises later. A single technical error can invalidate your entire document, leaving your loved ones exposed to a costly courtroom battle. Do it right the first time by having a legal guide experienced in crafting an estate plan in your corner. ]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[When medical debts start to affect everyday life]]>https://www.simonmonahanlaw.com/?p=473262026-07-14T16:26:23Z2026-07-14T16:26:23ZEveryday decisions might start to change
Medical debt can impact financial decisions. The money that could have been used to build savings, purchase groceries or cover household expenses might suddenly be needed to pay hospital bills instead. Some families can find themselves:
Using credit cards to cover everyday expenses
Putting off home or car repairs
Delaying follow-up medical appointments because of cost
Falling behind on regular monthly bills
These tactics can lead to further financial difficulties.
The non-financial impact of medical bills
Hospital bills can take an emotional toll. Constant stress over unpaid notices, angry collection agencies and future treatment bills can make it nearly impossible to sleep soundly, focus at work or have a normal family life. Severe anxiety and mental strain increase along with the medical debt.
The research published in the American Journal of Medicine found that adults dealing with medical debt are at increased risk of poorer physical and mental health. That study also linked medical debt to delayed medical care and greater financial hardship, meaning the impact extends beyond unpaid bills.
Consider debt relief options
For some individuals, bankruptcy serves as a legal tool to help manage overwhelming medical debt. This step usually happens when other financial solutions are no longer enough to keep up with the bills.
One common option for individuals is Chapter 7. This form of bankruptcy, also known as liquidation, can result in the removal of certain debt. Medical debt often qualifies. Whether this path makes sense depends on several factors, including income, assets and total debt.
Bankruptcy is not the right solution for every financial problem. However, for people struggling under massive medical bills, learning whether the process could work for their situation can provide clarity on the path towards financial stability.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[Can you be evicted from an illegal apartment in New Jersey?]]>https://www.simonmonahanlaw.com/?p=473222026-06-19T14:09:18Z2026-06-19T14:09:18ZIf your landlord is trying to force you out of his illegal apartment, you have to know your rights. Even though an apartment is illegal, you are still protected by renters’ rights. In other words, the landlord has to follow the formal eviction procedures.
Your eviction rights still matter
It is not uncommon for homeowners to convert a basement or attic into a rental unit without proper town permits. When zoning violation laws finally catch up to them, you don’t have to bear the brunt of their risk-taking. In situations like this, the property owner generally must obtain a court order to lock you out of the house. Until they obtain that order, they may not:
Change the locks to bar you from the property.
Shut off utilities like water, gas or electricity.
Remove your belongings or force you onto the street.
Any shortcut your landlord takes to bypass the court system may lead to legal action.
Relocation compensation under New Jersey law
If the homeowner succeeds in getting the court order to vacate the apartment for bringing the apartment into compliance, you may have to vacate the apartment pursuant to the court's order. Nevertheless, in situations like this, New Jersey law dictates that the homeowner pay the tenant relocation fee that is equivalent to six months' rent. Furthermore, if the homeowner tries to evict you under the guise of non-payment of rent, you can still contest the action. Depending on the circumstances and applicable law, the landlord may owe you relocation assistance. Based on the landmark New Jersey Supreme Court ruling in Miah v. Ahmed, a landlord usually cannot offset this mandatory six-month relocation compensation against any back rent they claim you owe.
Why legal guidance may be valuable
While facing eviction, you will be under immense stress. However, with legal guidance, you may be able to manage the situation better, as a real estate attorney can help you evaluate your case, understand your rights and determine better strategies moving forward.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[What are alternatives to litigation?]]>https://www.simonmonahanlaw.com/?p=473202026-06-08T13:18:39Z2026-06-08T13:18:39ZWhat is alternative dispute resolution?
Alternative dispute resolution (ADR) refers to any method of settling a business dispute outside of court. These processes allow parties to straighten out disagreements through structured discussions. ADR methods typically cost less, conclude faster and remain confidential compared to public court proceedings.
Business owners are choosing this option because it gives them more control over the outcome. Unlike a judge's ruling, ADR solutions often reflect creative compromises tailored to each party's specific business needs.
Mediation and arbitration
The two most common forms of ADR are mediation and arbitration, and they work very differently. Mediation involves a neutral third party who helps disputing parties reach a voluntary agreement. The mediator does not impose a decision but helps productive dialogue. This approach works well when both sides want to maintain a business relationship.
Meanwhile, arbitration resembles a private trial where an arbitrator hears evidence and issues a binding decision. While more formal than mediation, it still offers more flexibility and privacy than traditional litigation.
Know when litigation is worth it
It is vital to know when to push for a trial and when to skip it. Out-of-court options may help you save resources cash, but they fail if the other party refuses to cooperate. It is wise to look at the big picture so you only initiate a lawsuit when the payoff is clearly bigger than the risk.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[Will I lose my CDL after a DUI conviction?]]>https://www.simonmonahanlaw.com/?p=473182026-05-28T13:59:36Z2026-05-28T13:59:36ZDrunk driving leads to a suspended CDL
New Jersey law mandates a one-year loss of commercial driving rights for a first-time driving under the influence (DUI) conviction while operating any vehicle. This fine applies even if you were driving your personal car when the incident occurred.
Meanwhile, a second conviction in a passenger vehicle carries much harsher penalties. This offense results in a two-year suspension of your basic license and the permanent revocation of your CDL.
Reinstating a suspended CDL
If you face a lifetime commercial license disqualification, there is a specific pathway to seek relief. In the state, drivers with a lifetime suspension can submit a formal Lifetime CDL Suspension Reinstatement Application.
You may submit your application, along with all required supporting documentation, directly to the Motor Vehicle Commission via mail, email or fax. Once received, authorities conduct a thorough review to ensure the applicant satisfies all statutory criteria for restoration.
Following this evaluation, you will receive a formal written notification stating whether you are allowed to get back on the road.
That said, your eligibility for the application depends on the specific nature of the offense and your overall driving history. Most drivers must complete the full term of their suspension before they can request their commercial license back.
Getting back on the road after a drunk driving charge
Facing these charges feels overwhelming, but clear information provides a path toward resolving your difficult situation. It is recommended to complete your required suspension time and attend all mandatory programs required. This way, you have a better chance of getting back behind the wheel and securing your livelihood.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[What are mistakes to avoid before filing for bankruptcy?]]>https://www.simonmonahanlaw.com/?p=473162026-05-19T13:58:01Z2026-05-19T13:58:01ZTransferring assets
Moving money, putting a car in a relative's name or signing over property to protect it from creditors is a major mistake. The bankruptcy court closely reviews your recent financial history.
If you hide or give away assets before filing, the court can undo those transfers. A judge could seize the property anyway and potentially deny your entire bankruptcy discharge.
Spending a lot
Going on a final spending spree or racking up luxury expenses right before you file is a massive red flag. Running up credit card balances for non-essential items, expensive vacations or high-end goods can be viewed as fraud by the court. Creditors can challenge these specific charges, meaning you might still be legally obligated to pay them off even after your bankruptcy is finalized.
Taking out new loans
Borrowing more money, opening new credit lines or taking out payday loans to stay afloat right before filing for bankruptcy will complicate your case. The court scrutinizes any new debt acquired shortly before a bankruptcy petition. If it looks like you took out loans with no real intention or ability to pay them back, the judge may rule that those specific debts cannot be wiped out.
Preparing for a successful filing
The government heavily regulates the bankruptcy process. Remember, the choices you make today will directly impact your finances in the future. Staying informed about the rules may prevent costly errors and ensure your filing goes as smoothly as possible.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[Should unmarried couples buy a home together in New Jersey?]]>https://www.simonmonahanlaw.com/?p=473132026-05-12T10:24:06Z2026-05-12T10:24:06ZChoose how you will hold title
Because the deed controls legal ownership, unmarried partners often choose between two common ownership structures.
A joint tenancy with right of survivorship generally allows the survivor to receive the other owner’s share after death. However, survivorship rights do not remove every concern. An unmarried partner may still need to consider New Jersey inheritance tax because a nonspouse beneficiary can fall under a less favorable tax class than a surviving spouse.
A tenancy in common allows each partner to hold a separate ownership interest in the property, and those interests do not have to be equal. For example, one partner may hold a 60% interest while the other holds 40%. Each owner may also leave their share to a chosen beneficiary through a will.
Put payment terms in writing
Unlike spouses going through divorce, unmarried partners do not rely on the same equitable distribution rules if the relationship ends. A written cohabitation agreement can explain how you will handle the home during the relationship. If you cannot agree on a sale or buyout later, one co-owner may need to file a partition action and ask the court to divide the property or order a sale. This agreement may address:
Mortgage, tax and insurance payments
Repairs, utilities and major home expenses
Buyout terms if one partner wants to keep the property
How sale proceeds will be divided
What happens if contributions stop
Putting these terms in writing can make each person’s expectations clearer before problems arise.
Understand the mortgage risk
The deed controls ownership, but the mortgage controls who owes the lender. If both names are on the loan, the lender may hold either party liable for the entire debt. If the other borrower stops paying their share, you may still be responsible for the full amount.
Reviewing how title, loans and written agreements work together before closing can help protect your investment and prevent future legal confusion.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[Can police officers search your vehicle during an arrest?]]>https://www.simonmonahanlaw.com/?p=473112026-04-29T10:33:41Z2026-04-29T10:31:06ZDoes an arrest automatically allow a vehicle search?
An arrest alone does not give police unlimited authority to search your vehicle. The Fourth Amendment protects you from unreasonable searches and seizures. This means officers generally need either a warrant or a specific legal exception to search your car.
However, certain circumstances connected to your arrest may provide that justification. The key is understanding what specific exceptions allow officers to search without permission or a warrant.
Under what circumstances can police legally search your vehicle?
Police must follow specific legal rules before conducting a vehicle search without a warrant. Some legal exceptions include:
Search incident to arrest: A search of areas within the arrestee’s immediate control if there is a risk of access to weapons or evidence of the offense
Automobile exception: When there is probable cause that a vehicle contains evidence of a crime, if the circumstances meet legal requirements for a warrantless search under state and federal law
Consent: If the individual voluntarily agrees to the search
Inventory search: Documentation of vehicle contents when police impound the car.
These exceptions do not give police unlimited authority. Courts may review whether the facts support the use of an exception. If the search does not meet legal standards, the court may suppress the evidence.
What are your rights during a police search?
During a police stop or arrest, you have the right to understand the legal basis for a vehicle search. A search cannot proceed simply on demand. In many cases, police must have probable cause under the law.
Under New Jersey law, a consent search requires reasonable suspicion that evidence of a crime will be found. In such cases, consent must be voluntary. Officers generally must inform you of your right to refuse before the search.
Understanding your rights during an arrest
Vehicle searches during arrests must comply with constitutional standards. While several exceptions allow warrantless searches, officers cannot search your car based only on an arrest. If your vehicle was searched during an arrest, consider seeking legal counsel to help review the legality of the search and explore available legal options.]]>On Behalf of Simon, Monahan & Simon L.L.C.<![CDATA[3 ways writing a will protects your family in New Jersey]]>https://www.simonmonahanlaw.com/?p=473102026-04-13T15:37:00Z2026-04-13T15:37:00ZYou decide who receives your property
Without a will, New Jersey courts distribute your property according to the state’s laws. If this happens, you lose control over your assets and their distribution. By writing a will, you can name your inheritors, making it more likely for your belongings to reach their intended recipients.
You can also make targeted gifts to reduce confusion, such as leaving your house to one child and personal items to another. Outlining your wishes and explaining them through your will can also prevent arguments between family members.
You can nominate guardians for your children
If you have minor children, you naturally want to ensure someone cares for them after you pass on. You can do this by naming a guardian in your will. Guardians are responsible for the personal care, custody and upbringing of your children until they become adults.
Without a will, the court follows state law and appoints a guardian. To determine which guardian to appoint, courts examine their relationship with your child and their ability to meet their needs. The responsibility typically falls to your spouse or next of kin.
Wills let you appoint an executor
After you pass away, someone must gather your assets, pay your debts and distribute your property. In New Jersey, writing a will allows you to appoint a person to fulfill these duties. This person is known as your executor.
If you do not write a will, the court will appoint an administrator to distribute your property according to New Jersey law. Administrators and executors have similar duties, but a will gives you the power to appoint an executor. You can also name backup executors in case your first choice is unavailable.
How today’s decisions affect the future
A will ensures your belongings are distributed according to your last wishes. Understanding how wills help your family can prevent infighting and protect your loved ones. Though writing your last wishes can be difficult, it can bring comfort to know they will be honored.]]>