Thank you for your question about restraining orders. Your question is very fact specific, and more information is required in order to give a proper answer. It would also be helpful to review both the restraining order as well as the no-contact orders. There is a procedure by which you can as... View More

Thank you for the question. If you are selling the former marital home, you should look to the terms of your final settlement agreement or order of the court from the time of the divorce to determine how the net proceeds are divided. If you do not have a formal court order addressing this issue... View More

Thank you for your question. Typically, assets acquired during the marriage are subject to equitable distribution and assets acquired either before the marriage or after the termination date of the marriage are not. There are, of course, circumstances in which there may be some entitlement, so I... View More

Thank you for your question. There are many factors that the Court looks at in a divorce proceeding and how to divide the assets that were acquired during the marriage. Your daughter’s spouse can claim that the home is subject to equitable distribution and that it should be incorporated in the... View More

Thank you for your question. I am sorry your ex-wife is apparently being deceitful. You have to file an application (Notice of Motion) with the court asking that your child support be terminated due to the fact that your child is no longer in college. At that time, your ex then has to provide... View More

Thank you for your question. There is no legal basis for your former spouse to request a meeting with your new girlfriend. Parties are free to make private agreements with any provisions they desire. Based on the information you provided, you only agreed to consult each other regarding third... View More

Thank you for your question regarding discovery. Your question did not indicate what type of lawsuit you have pending against your family. However, discovery is not filed with the court. The motion to compel is a good approach, you could also file a motion to dismiss their responsive pleading and... View More

Thank you for your question about reopening your New Jersey divorce. In order to answer your question, the attorney would have to read your divorce agreement. The court in New Jersey usually enforces settlements between parties, however, in your case you believe there was fraud. Fraud could be... View More

Thank you for your question. There is no "tax" on the annuity. What I believe you are referencing is that the "present value" of an annuity is worth less than what the annuity will ultimately pay. If you are treating assets that both have a "present value" such as bank... View More

Thank you for the question. The interpretation of this issue should be based on the specific language of your settlement agreement. It is likely that the “enhanced premium” is considered a premium greater than the premium cost for the child’s coverage at the time of the divorce. Based on... View More

Thank you for your question. A complaint for divorce must be filed accompanied by a Marital Settlement Agreement which is a comprehensive document including the resolution of all outstanding issues. The Court’s will enforce an agreement between parties for so long as it is not unconscionable. It... View More

Thank you for your question. Typically, all issues are resolved at the time a divorce is finalized, including custody and parenting time, unless there is a specific reason why that cannot be accomplished, though that happens very infrequently. If your children reside in a different state than you... View More

Thank you for your inquiry. I am so sorry that you are going through this. Typically, during the course of a divorce, each party can be required to provide financial information and records going back several years, depending on the specifics of the matter, and specific documents can be requested... View More

Thank you for your question. It depends on the status of custody regarding your daughter. If her biological father continues to have joint legal custody, he should technically be consulted on any proposed name change and his consent should be obtained for same. If you have sole legal custody, there... View More

Thank you for your question. Under the law in New Jersey, the Court does have the ability to Order one parent or the other to provide insurance coverage for the children. Without knowing the specific details of your matter and the reasons for which the Court entered this specific order, it is... View More

Thank you for your question. You can ask for relief from the court. Whether the court will grant the relief requested depends on a variety of factors such as when were you served? Under what circumstances were you served? What was the reason for your delay in responding? Were there extenuating... View More

Thank you for your question. I am sorry to hear you are going through this stressful time. Initiating a divorce proceeding whether contested or uncontested requires the filing of a complaint for divorce and other supporting documentation. Thereafter, a marital settlement agreement needs to be... View More

Thank you for your question. The net equity of a home is generally calculated by taking market value (appraised and/or agreed upon value) minus the entire mortgage that is owed (full payoff). There are circumstances in which a party paying the principle may get a credit for such payments but... View More

Thank you for your question. If you don’t have the father’s consent to move, then you need a court order to grant you permission to move. You will need to file a motion but unfortunately it will not be heard in 6 weeks so unfortunately, you will need to speak to a matrimonial attorney to see if... View More

Thank you for stating your concerns. Since she is coming after you for child support, I would recommend for you to file an application with the court seeking to establish paternity by way of DNA. The sooner you do this the sooner you will find out if this child is yours and depending on the... View More