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

Thank you for your question. Yes, you can but only if you have an agreement by consent with the Mother or an order from the court. If the Mother refuses to terminate child support then you must file a motion with the court seeking to emancipate your son and terminating child support. I recommend... View More

Thank you for your question. It seems quite clear that you had an ownership interest in the house as well and various bank accounts and assets held in your Husband’s name. I would recommend immediately reaching out to an experienced family law attorney to discuss your rights and entitlements... View More

Thank you for your question. Generally, as you are the custodial parent, you can deny either set of grandparents their own separate visitation. However, generally, during the time you daughter is with you, you are free to have your parents present and when your daughter is with her father, her... View More

Thank you for your question. If your divorce agreement indicates that child support will end at 18 if no college or other school then it can. You should reach out to your probation department to let them know and they will send you forms to complete. It is not automatic at 18, since the law in New... View More

Thank you for your question. Based upon the information given, you do not have a particularly complicated fact pattern. However, you do have a series of legal issues that may or may not be complex. In this sort of scenario, the first document that needs to be analyzed is the party's judgment... View 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... View More

Thank you for your question. It’s always extremely difficult to get out from under arrears. The short answer is to enter into a payment plan this way you don’t risk being arrested or losing your driver’s license. Additional information is needed to fully vette this issue like court orders,... View More

Thank you for your question. If there is no alimony or child support obligations you can complete the CIS with the basic information and tax returns. If you have children, I would strongly recommend filling a complete CIS because you will need to include the CIS filed with the court with any future... View More

Thank you for your question. I am sorry you are having a domestic violence issue. Yes, you can hire an attorney and I strongly recommend that you do so as soon as possible as domestic violence matter can have a damaging influence on child custody matters. I urge you to schedule an attorney... View More

Thank you for your question. Jurisdiction can be a confusing issue, but your fact pattern only raises more questions. You indicate that you accept that a New Jersey court had jurisdiction over equitable distribution of assets and of custody. A New Jersey court will not exercise jurisdiction over... View More

Thank you for your question. Regarding your concerns, there are remedies available to you in order to address your ex’s outstanding obligations. It likely will require you to file an application in Court to seek recourse for the actions in violation of prior orders. Based on the circumstances,... View More

Thank you for your question. In the event you believe you are a victim of domestic violence, I cannot stress the importance of contacting local law enforcement to ensure you address the issue and can obtain the appropriate protection. Regarding custody, it is unclear where the parties or the child... View More

Thank you for your question. What you can do is file a Reply Certification after the wife files her opposition to your motion. This way you can advise the court of her recent acts. The good thing about the Reply Certification is that the other party is not allowed to file a response to it. So... View More

Thank you for your question. Yes. You can start the divorce process in NJ where you reside so long as you been living in New Jersey for at least a year. I recommend speaking to a matrimonial attorney to explore your options and make sure it is done correctly.

Thank you for your question. The question is very vague however, if the Pro Se signed an agreement that specifies that he/she is waiving his/her right to the marital property and it specifies this waiver clearly than you can argue that he/she waived it. However, if there is no specific language... View More

Thank you for your question. Assuming you have proof of your claims, then you can pursue a Temporary Restraining Order against your ex for harassment due to the violation of your privacy rights via the computer hack. You would benefit from a consult with an attorney to discuss the Temporary... View More

Thank you for your question. I am sorry to hear that your encountering difficult with the other party meeting child support and other child related expenses. It’s not clear from your question whether there is an existing court order for support of if one needs to be established. A motion can be... View More