Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and... Read more »
Thank you for your question. If you have a temporary restraining order against you then it would be beneficial to speak with a family law attorney to discuss your rights and options for the Final Restraining Order hearing which is how the allegations against you are disposed of with the Court.
In jan 2022 ......I have been given a substantial job offer back in the state we had been living in prior to our mive to NJ which is 1.5 hrs from him. Can I take the children?We have a custody order he has visitation one week anight that I can not accommodate I've made suggestions and requests... Read 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...Read more »
I signed the birth certificate for a child that I now believe it’s not mine. I found out during my relationship with his mother, that she was unfaithful. She is coming after me for child support, but I would like to establish paternity.
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...Read more »
Thank you for your question. I am sorry to hear that you are going through this stressful time. Although your husband is seeking to change his Power of Attorney after filing for divorce, it is common to review one's Power of Attorney designation prior to filing a divorce complaint. Also, there...Read more »
He had cut me off since separating, even though we live in the same house(different rooms). We are going for divorce of bed and board and he is holding off. I need to file, because I need money to eat and do normal daily things. I’m now suffering from depression and have no energy from that... Read more »
Thanks for your question. I am sorry your husband is treating you so horribly. You are entitled to support both pending the divorce and subsequent to the divorce due to the fact that your husband's income is so much higher than your own. Of course, if he does not do so voluntarily, you will...Read more »
Thank you so much for your inquiry. I am sorry that your spouse is not being cooperative with the process. It sounds as though the two of you have been in court previously, though, since you mention a custody order, so that Order will continue to stay in effect during and even subsequent to the...Read more »
he verbal abuses me and belittles me and my prenting just makes my life a living hell.. i dont think i can file for restraining order because he hasnt hit me but he does raise his voice whenever we argue i just feel like my backs against the wall and no one can help me
Thank you for your question. I am so sorry that you are going through this. Domestic violence takes all forms, not just physical abuse – what you describe may fall under the categories of harassment, terroristic threats, or perhaps one of the other 19 criminal offenses included in the NJ...Read more »
Thank you for your question. Generally, courts will facilitate a relationship between a child and both parents regardless of circumstances and of course putting measures in place to ensure the child’s safety which the court has done already. If there is further evidence that he is placing your...Read more »
I want to make sure that the correct parenting worksheet is used (the shared parenting worksheet) when recalculating child support since the last time it was calculated, they only used the sole parenting worksheet but refused to provide a reason as to why. I have my child for 10 overnights per... Read more »
Thank you for your question. You would need to insist with the other party and/or the court that the shared parenting worksheet should be utilized. Based upon the facts that you have detailed, it would appear that it would indeed be proper in your matter to utilize the shared parenting worksheet.
She is trying to make me pay for 1/2 of it when the charges arent mine but she says she used the card for the house. As a user I can not get the transactions through Chase as she will need to approve it.
Thank you for your question. Without the benefit of the full circumstances surrounding your marital situation my opinion is that you are not legally responsible for charges made on an account which you did not sign for. Wife claims it was for the household, she should be required to prove it...Read more »
Part of our Term Sheet we both legally signed states she is not longer fearful and would volunatarily drop the FRO. Per the Final Judgement of Divorce, it states "This matter will be dismissed after this judgement is entered." However, during the final hearing the Judge stated that she... Read more »
Thank you for your question. It is unfortunate that your ex-wife is not following the instructions of the Judge in the divorce case. Since there is still an active Restraining Order you are prohibited from communicating directly with the other party. You may file an application with the Court...Read more »
Thank you for your question. I am sorry that you are going through this stressful time. In a situation like the one you describe, the other parent may be in violation of the NJ custody order. You may file an application with the Court that issued the joint custody order in NJ. If the out of state...Read more »
Thank you for your question and I am sorry you are going through this. You can file a motion to enforce the order entered by the court. I encourage you to discuss your case with an attorney and bring your order to explore other options that may be available based on the language contained in that...Read more »
Thank you for your question. You can certainly apply for guardianship of your own biological child but you must do so in that state. There are a plethora of questions however: how old is the child? How did he/she wind up in another state? Why did you allow the child to leave this state? I...Read more »
I am currently residing in New Jersey. We were married in South Carolina. My spouse still resides in South Carolina. He was my financial support as I am disabled. He used my health against me. I am not able to work. He has crypto that was gained during our marriage. My question is when can I file... Read more »
Thank you for your question. You can file for divorce in New Jersey as long as you have been a resident of the state for at least one year. To the extent that your husband accumulated assets, including cryptocurrency, during the marriage, you would be entitled to an equitable share of these assets....Read more »
I am sorry to hear that you are going through this. Given the long term of your marriage, any assets acquired during the marriage would be subject to equitable distribution. That being said, there are a variety of factors that would be considered when determining how the marital home will be...Read more »
I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »
Thank you for your inquiry. Generally speaking, any property acquired during the marriage is subject to equitable distribution regardless of the named parties on the title to property. That being said, I suggest scheduling a consult with an attorney to discuss your options in more detail such as a...Read more »
She doesn't have the best relationship with her father, but still goes to his house every other weekend despite not wanting to go. Can she change her visitation arrangement in a calm manner if she wants to move?
Thank you for your question. In NJ, a parent must obtain consent, from the other parent, or a Court Order to permanently remove a minor child outside of the state. In the event the matter proceeds to Court, a determination will be made as to what is in the child’s best interest. In review of the...Read more »
I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently
Nothing can really be done with Covid to... Read more »
Thank you for the question. It sounds like you need to file a motion for enforcement with the court and to address arrears and obtain accurate income information. The court are operating and should be able to address the motion you file in normal course, whether virtually or in person. He will...Read more »
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