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Questions Answered by Richard Diamond
3 Answers | Asked in Divorce and Real Estate Law for New Jersey on
Q: Is a notarized document signed by both parties legally binding in court?

Selling a home. Both parties signed a document agreeing to sell and it was then notarized. Parties are divorced. Home is under wife’s name and mortgage as well for over 20+ years. House is pending sale and under contract. Now the ex-husband is saying he won’t sign for the sale of the home. Can... Read more »

Richard Diamond
Richard Diamond
answered on Mar 29, 2023

You need to speak with an experienced divorce lawyer as to the document signed and whether it can be enforced by an application to the court. You also need to discuss with the lawyer, the reason why your ex refuses to cooperate with the homes sale.

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4 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Can alimony stop if your ex has been living with another man for 5 years. She tells people they are married.

My brother is divorced from his wife. They were married for over 20 years. He pays her monthly alimony. She has been living with another man for over 5 year. They travel together, her mail goes to his house and they tell everyone they are married. When her son asked her why they just... Read more »

Richard Diamond
Richard Diamond
answered on Mar 29, 2023

Your brother needs to meet with an experienced divorce lawyer to discuss the laws governing cohabitation and the termination of an alimony obligation. If he is paying alimony and she is living with another man, he may have a strong argument for a termination application.

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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: My ex filed a continuation of cs in New Jersey. Staying my daughter is in college. I was told she isn’t going to college

My ex filed a continuation of cs in New Jersey. Stating my daughter is in college. I was told she isn’t going to college anymore. Will she have to provide documents every semester for proof to the cs services or is it a one time deal and she is using the documents before my child quit.

Richard Diamond
Richard Diamond
answered on Mar 27, 2023

The court system has no knowledge as to whether your daughter is or is not enrolled in college. Your ex filled out a paper from the probation department claiming that your daughter is enrolled in college at present. If you believe that your daughter is not enrolled in college and that your child... Read more »

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2 Answers | Asked in Domestic Violence, Family Law, Federal Crimes and Personal Injury for New Jersey on
Q: What recourse do I have because my partner has been financially, emotionally and psychologically abusing me for six year

He convinced me to sell my house in brooklyn and now the money is gone and I owe the IRS. He makes me feel worthless and blames me for everything, I am severely depressed and have anxiety disorder because of all this. I feel like I can't do anything.

Richard Diamond
Richard Diamond
answered on Mar 22, 2023

The answer is that you start off meeting with a divorce lawyer to divorce him and move on with your life. During your meeting with the divorce lawyer, you then detail all of his bad actions to determine if you have any other recourse against him as part of the divorce ( and whether he has liability... Read more »

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2 Answers | Asked in Domestic Violence and Personal Injury for New Jersey on
Q: Could you file a suit against your homeowners insurance for domestic violence/injurY/PTSD, endured while living in home?
Richard Diamond
Richard Diamond
answered on Mar 21, 2023

I dont know.

I presume that you are suggesting that your partner engaged in acts of violence against you and as a result of his / her actions, you suffered an injury and now want to know if you can file a claim against your homeowner's insurance carrier for the damages.

My...
Read more »

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3 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Can my ex request a meeting with my new girlfriend in order to allow her to see my kids?

We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... Read more »

Richard Diamond
Richard Diamond
answered on Mar 20, 2023

The starting point is the actual language of the settlement agreement.

While you say the language only applies to communications between you and your ex, the actual language may be broader or there may be another language in the agreement that gives either/ both of you the right to speak...
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2 Answers | Asked in Family Law and Civil Litigation for New Jersey on
Q: Do you file your interrogatories/production with the courts and the courts send your advasaries those documents.

I'm a pro se litigant and I'm suing family members. My first amended complaint was granted and I have started discovery sending interrogatories/production to them.

My advasaries instead of filing objections or answers to my interrogatories, went and filed a restraining order on... Read more »

Richard Diamond
Richard Diamond
answered on Mar 13, 2023

Based on the information provided, im not sure that you have the skillset needed to handle litigation on your own. Interrogatories and document requests are sent to the adversary - not to the court and they need to be tailored to the particular issues and claims involved in your matter and need to... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: Can a be emancipated if she has a job/ a place to live in New Jersey without parental approval?

I am 14 and I have wanted to move out for a long time. I am confident that I' will have a job by 16. Can i moveout at 16 without my parents approval and find a place to live?

Richard Diamond
Richard Diamond
answered on Mar 10, 2023

I am a parent and cannot imagine what is going through your head to be 14 years old and want to be emancipated but I can promise you that being emancipated will not be easier than your current setting. As a 14 year old, im sure that your parents are on your case and telling you what you need to do,... Read more »

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How can I get help to reopen my NJ divorce where there was extreme amounts of fraud regarding our business?

My husband hid millions of dollars in our divorce and lied about the sale of the business, this caused my entire PSA to be thrown out. He then reported me as a 1099 employee of our business. He was making direct deposits from the business for family support but then reported me as a 1099 employee,... Read more »

Richard Diamond
Richard Diamond
answered on Mar 10, 2023

Reopening a divorce matter is difficult and can be expensive. You may be 100% correct but to reopen a case, you need to give a lawyer

a. the settlement agreement,

b. the underlying discovery material provided by your husband as part of the divorce matter,

c. your...
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3 Answers | Asked in Divorce, Tax Law and Family Law for New Jersey on
Q: In a divorce if husband has an annuity and I say you keep that and in “trade” I want the house. Why is there a 31% tax

why is the annuity taxed if it’s not being withdrawn?

Richard Diamond
Richard Diamond
answered on Mar 10, 2023

Politely, you need to sit down with an experienced divorce lawyer since it appears that "someone" is doing some fast talking and you have no idea whether the claim is true or not - which means you need someone to represent you who knows how to call B...shit when such claims are made.... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: Nj family law on when to apply the doctrine of tax estoppel and preliminary injunctive relief

No discovery and plain it revealing assets

Richard Diamond
Richard Diamond
answered on Mar 6, 2023

Estoppel is an equitable principle that a judge may apply if the factual setting warrants it but you have the obligation to present sufficient credible proofs to compel the court to apply it. I dont know what type of family law matter you have that you believe warrants the use of an estoppel claim... Read more »

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: Plaintiff threatening criminal charges for defendant violating a TRO -if defendant does not sign civil restraint

Is this considered coercion? How to vacate civil restraints without plaintiff agreement?

Richard Diamond
Richard Diamond
answered on Mar 4, 2023

1. Plaintiff has obtained a domestic violence temporary restraining order against defendant

2. Defendant violated the domestic violence temporary restraining order by contacting plaintiff

3. Plaintiff now says to defendant that if he does not agree to the imposition of a civil...
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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Can I live with my boyfriend if I’m collecting my ex husbands pension? I know I can’t remarry.

We were divorced in NY but I now live in NJ.

Richard Diamond
Richard Diamond
answered on Feb 26, 2023

The safer answer is to suggest that you speak with a family law attorney in NY since NY law controls your divorce agreement.

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1 Answer | Asked in Family Law, Education Law and Libel & Slander for New Jersey on
Q: Can I sue against a guidance counselor and teacher for false allegations?

My son has autism and the guidance counselor said that my son made a "comment" that led up to cps getting involved. My son doesn't speak well nor does he understand a lot. Teacher has been making small complaints about my son since September about him not participating, not doing... Read more »

Richard Diamond
Richard Diamond
answered on Feb 22, 2023

This is a question best directed to a lawyer that specializes in claims against school officials for abusive practices.

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: The settlement agreement states a split of the enhanced premium for the kids medical, is that over the current number

Says my ex continues to provide insurance but the enhanced premium is split between us

Richard Diamond
Richard Diamond
answered on Feb 22, 2023

No lawyer should answer your inquiry without seeing the language of your agreement, the applicable child support guideline work sheet and any documents used to determine the cost sharing aspect of your child's health insurance coverage.

As a simple example, if you and your ex used the...
Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: Hello, my name is Stacy and I need some questions answered about getting a divorce after 30 years of marriage.

I’m disabled permanently

Richard Diamond
Richard Diamond
answered on Feb 22, 2023

My suggestion is that you schedule a consultation with a "certified divorce & matrimonial trial lawyer by the New Jersey supreme court". Only 2% of all lawyers in NJ have met the certification requirements and are specialists in the field. Most certified matrimonial lawyers will... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: How would I go about getting my children back from protective custody housing system?

Their mother took them into a battered women's shelter, but I have custody of them.

Richard Diamond
Richard Diamond
answered on Feb 22, 2023

You need to meet with an experienced divorce and family law attorney. This is not an issue that you should attempt to handle on your own. If you file an application with the court and lose, you cannot then simply decide to then hire a lawyer to refile the application correctly.

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My wife and I want to file an uncontested irreconcilable divorce complaint. We don't want the court/judge to determine

equitable distribution since we know what we want. Do we put these details in the complaint or a document afterwards? Confused over the detail of wording that needs to be present in form 1D. Example, do we list the account info for the 401k to be transferred? Details about the mortgage debt? When... Read more »

Richard Diamond
Richard Diamond
answered on Feb 21, 2023

I understand that you and your wife want to resolve your divorce matter simply, but you cannot get a divorce and tell the court that you and your wife will work out the details later. You and your wife need to have a written agreement in hand resolving all issues outstanding. Once you and your wife... Read more »

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1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: Is it possible to have joint custody or share custody of my nephew with my sister(his mother)? Or would I adopt him?

We live in NJ. The father didn’t sign the birth certificate, and has never paid child support or been around my nephew. How we we begin this process?? Or where would we look to start?? She is in agreement with the entire thing and and want to share in all of the decision making etc.

Richard Diamond
Richard Diamond
answered on Feb 19, 2023

The biggest issue is the nature of your relationship with your sister. Is your sister seeking or willing to agree to share parenting time and decision making with you or are you looking for your nephew to live with you and you make all of the decisions concerning your nephew? If you are seeking the... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: Can I get divorced and then do child custody afterwards?

And what can I do to get visitation rights if my kids live in another state

Richard Diamond
Richard Diamond
answered on Feb 17, 2023

In New Jersey, except under extremely unique circumstances, you cannot bifurcate your divorce matter - meaning the court will not permit you to get a divorce now and address custody issues later.

Separately, I gather you live in New Jersey and your spouse and children live in a different...
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