then 2 hours. When we had the mediation settlement panel thru the court, one of the attorneys was pushing for mediation and said it would probably cost over $5,000 and would take more than a few hours. We don't have alot of money or assets, in fact we were told from the beginning we... Read more »
I have been a divorce lawyer for the past 36 years and it doesn't sound like the issue is the cost of the mediators involvement. Rather, it sounds like the issue is your husbands bullying and pressure tactics. The bigger problem for you is that mediation is a confidential process. The court...Read more »
I wa t to leave my husband of 20 year's and I'm a little concerned on how he will take it . He does have a temper. We have no children , but we have 11 acres of land with a 38 ft 5th wheel . We also have acquired lots of merchandise for the property . . We have a small savings and... Read more »
Your situation is beyond the scope of this forum and a personal consultation and a detailed discussion of your entire situation with an experienced matrimonial attorney will be necessary to provide meaningful advice. During this pandemic, you have a choice of either seeing your attorney in person...Read more »
Look at the court order or the agreement you entered into with your spouse. In the document, it should spell out the commencement date of the payments ( either directly or through probation). If it is not clear to you, then reach out to your lawyer to ask for clarification.
It depends on what may be stated in your settlement agreement or judgment of divorce. I recommend that you bring your divorce documents to a qualified family law attorney to review and advise of your options.
I got divorced a year ago and agreed to let my ex-wife keep the house so that she can stay there with my child and she in exchange paid off a small credit card debt. A year later she has now decided to sell the house and I am still on the mortgage and deed. I am being told that since I am still on... Read more »
The starting point is the language of your divorce settlement agreement. In most agreements, the lawyers agree to language that says that when dividing up defined contribution type assets (IRA's, 401K plans, etc) the gains and losses attributable to the marital portion will be shared by the...Read more »
She also sent me a letter for me to sign saying I do not contest whats written in the complaint and also that I wave the time I'm aloud to respond to this complaint. My problem and question is if I sign this letter can she go and change the complaint since she would have my signature saying... Read more »
The problem is what is in her request for judgment and whether you have all potential disputes resolved. If you have any outstanding disputes (child custody/support, alimony, equitable distribution of assets and/or debts), then you have to be very, very careful about what you sign. You should...Read more »
My husband filed for divorce after marriage of 27 months.He filed for divorce in new jersey.He is 32 years old citizen.I am 27 years old green card holder.He earns 70k and I earn 20k annually. I am not having any usa educational degree. He brought house and car before marriage.
These questions cannot be decided in a vacuum like this. You need to retain an experienced matrimonial attorney to protect your interests in this matter. This is not a do-it-yourself project. You can "meet" your attorney by way of a secured video conference or in person. Remember, a good...Read more »
She was ordered yo give him $$ from her 401k. When lawyer dispensed escrow $. He was to give to him then. He didn’t. Now he says she wants 3/21 pension share that she was normally receiving. $$ came a week after he passed and i put i to bank. Lawyer now not returning my calls, e-mails, etc.... Read more »
I would reach out to an attorney who handles estates matters. I sounds like your son's estate probably has a claim against his former spouse for the funds that were supposed to be transferred to him pursuant to the divorce decree.
I don't understand the part of your question...Read more »
If your children are receiving SSD benefits on as a result of your disability, then you are entitled to a seek a credit in the calculation of child support under the child support guidelines - meaning that these benefits are intended to be deducted from your guidelines child support obligation. As...Read more »
I filed a motion in January to finalize the divorce since I don't have access to my 401K. I also don't have access to my children's college funds (they are in college and we need the money). Still no response. During the last ruling, I filed with the appellate court because the judge... Read more »
Thank you for your question. It’s difficult to give a complete response without looking at the Orders entered in the case. A contested divorce taking over 4 years is not unusual especially if you live in a highly populated county such as Essex or Hudson. Now with COVID the time for completion...Read more »
We have an MSA codified when we were in Virginia but divorced in NJ where we both currently live. I’m concerned my ex wife will try to take me to court to use NJ law/precedent to make me pay college tuition after child support ends. 1. Is she likely to win in NJ court even if we have an MSA from... Read more »
I dont think my answer will come as a big surprise to you. You need to sit down with an experienced family law attorney to review the terms of your agreement and any court orders entered in your matter ( in Virginia and in New Jersey) to determine how a court would address the issue if presented.
property division, debts, etc. Neither party is requesting spousal support or child support.Given this, do we still need to complete all of the financial information requested on the case information statement. I know generally they are used to determine/outline issues of spousal or child support,... Read more »
If you and your husband have prepared a formal settlement agreement resolving all issues outstanding ( as opposed to a document "outlining" same), in filing your respective pleadings with the court, you and your husband can simply seek enforcement of the settlement agreement and let the...Read more »
I filed first in California 8/14/17. He filed in NJ in June 2020. NJ has jurisdiction over division of assets and custody but CA retained jurisdiction over status of divorce. He would not agree to settlement, so we had not moved forward with divorce. Judge issued dissolution without ordering us to... Read more »
A resident of New Jersey can file a divorce complaint in New Jersey. The only requirement is that the Plaintiff was a bona fide resident of the State of New Jersey for more than one year. Both New Jersey and California are signatories to the Uniform Child Custody Jurisdiction and Enforcement Act...Read more »
My husband has been using drugs, and acting erratic. He's made suicidal references. He is diabetic and not taking care of himself. He has called our small children curse words. I want to know, since he owns MANY guns, in a safe I have no access to, how and what anonymous actions I can take to... Read more »
1. I would write down the specific behavior changes you have noticed with your husband in the past 6 months and how those changes have become more erratic ( and using specific examples with dates and time if possible) and why that behavior is causing you fear for your husbands actions having access...Read more »
What you describe is real life that repeats itself throughout the country in every state. You need to retain an experienced matrimonial and immigration attorney otherwise you will be in over your head. No hypotheticals about it!
Most attorneys will not draft a QDRO, but rather will retain an experienced expert to prepare it. Whether or not you should change attorneys, is a personal decision. But at this point, a new attorney may be reluctant to take the case. You should try to work things out with your current attorney....Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.