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 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.

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

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... View 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... View 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... View More

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... View 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... View 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.

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... View 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... View 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... View More