Thank you for your question. In a situation like the one you describe, in order for a person to prevail on a second motion requesting the same relief that was previously denied, they would have to show a change in circumstance since the previous Court Order. This could include a variety of factors.... View More

Thank you for your inquiry. I am so sorry to hear that you are going through this difficult time. If the other side is not complying with deadlines set by the Court, it would be appropriate for you to send a letter detailing the deficiencies and then file an application with the Court to enforce... View More

Thank you for your question. I am sorry to hear that your husband has not been complying with the divorce decree. The answer to your question would ultimately depend on the specific terms of the divorce decree and whether or not that specific relief was provided as a remedy in the event of your... View More

Thank you for your question. I am sorry to hear about your marital difficulties. At this point, as long as you have been a New Jersey resident for at least one year, you would simply file a Complaint for Divorce seeking a dissolution of your marriage in the county in which you reside. If your wife... View More

Thank you for your question. We understand how frustrating it must be not have your ex-spouse comply with the terms of your divorce agreement. If you file a motion to enforce the agreement and have your ex-spouse found in violation, you can request for contribution of your legal fees where the... View More

Thank you for your question. We understand how frustrated you must feel in this situation. Navigating through a domestic violence hearing can feel overwhelming. There are times that agreements can be reached with the Plaintiff, known as civil restraints, that would allow her dismiss the pending... View More

Thank you for your question. I am sorry to hear you are going through this stressful time. Based on the circumstances you described, whether your current Husband can fund a trust for his son without your consent would depend on a number of factors. Are you and your spouse considering a divorce,... View More

Thank you for your question. If both parties are in agreement for a divorce the process is relatively short, compared to if there are contested issues. An exact timeframe cannot be provided however because there are a lot of different factors which determine how long the divorce process takes.... View More

Thank you for your question. In order to better assist you and provide a response to same, additional facts are needed. There is a difference between filing a motion versus a Court Order already being entered, and the procedural history of your matter would be important when analyzing if and when... View More

Thank you for your question. Generally speaking, if the TRO granted you temporary custody and did not provide the Defendant any parenting time or contact with your son, then the TRO should be followed and he should not have any parenting time, regardless of the upcoming holidays or events. If he... View More

Thank you for your question. When contemplating divorce, one must be mindful that equitable distribution of assets and liabilities will occur. Thus, it would be helpful to put together a list of all assets, including real estate, bank accounts, retirement benefits, and personalty of substantive... View More

Thank you for your question. Your Final Judgment of Divorce or (if your case settled) Marital Settlement Agreement should have a definition of emancipation within it. Often the definition will say the child support is not to extend past the child's 23rd under any circumstance and if the said... View More

Thank you for your question. I'm sorry to hear about the final restraining order. Technically, the individual who has the restraining order against him cannot be in the same building (i.e. a church) as a person who has the restraining order. What can be done however is, in advance of the... View More

Thank you for your question. In a situation like the one you described neither parent is required to be designated parent of primary residence but there are a variety of reasons why someone may want to be designated primary residential parent even if residential custody is 50/50. Do each of the... View More

Thank you for your question. In most cases, a parent must obtain consent or a Court Order to permanently remove a child outside of the State of NJ if NJ is the home state of the child. In the event she left without permission, than you would need to file an action in Court to compel her to return.... View More

Thank you for your question. Whether you violated a custody agreement depends on the language of your specific agreement. Based on the information provided, it appears that you consulted with her prior to obtaining the ancestary.com kit and she gave her consent for your child to participate to be... View More

Thank you for your question. The courts have been extremely slow in everything especially in the larger counties. From what I can tell you did not file in JEDS. That’s the way all family papers must be filed. The mail goes to the opposition. A TRO is typically granted but you need to defend... View More

Thank you for your question. Your question is a bit confusing because a postnuptial agreement is made after the marriage but before the divorce. Such agreements are scrutinized but can be approved under certain circumstances. Now a Marital Settlement Agreement made in anticipation of divorce is... View More

Thank you for your question. You cannot "evict" a spouse from the home, however, what he is doing could be deemed "harassment" under the Domestic Violence Statute. You may be able to obtain a restraining order against him. It would be best to have a consultation with an... View More

Thank you for your question. Leaving a spouse can be difficult both emotionally and financially. You would benefit from a consult, either by phone or by video conference, with a family law attorney to go over all of your rights and options and what you can expect if in fact you decide to leave your... View More