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Questions Answered by Santo Artusa Jr.
1 Answer | Asked in Divorce and Health Care Law for New Jersey on
Q: If I leave my spouse, via desertion, does he still have to pay my health insurance?

I am thinking of leaving my.husband, through desertion or abandonment. Must he keep paying my health insurance?

Santo Artusa Jr.
Santo Artusa Jr. answered on Jan 23, 2017

If you file for divorce and you are covered, your spouse cannot cancel during divorce litigation.

1 Answer | Asked in Divorce for New Jersey on
Q: In New Jersey, in a divorce, is someone intitled future inheritance that their soon to be ex may receive from her mother
Santo Artusa Jr.
Santo Artusa Jr. answered on Jan 23, 2017

In New Jersey, that is not considered marital property

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Is there any case law for where the Defendant stayed in the marital home after being ordered to sell a total of 13 yrs?

The divorce agreement was for the Defendant to be moved out in 2005. She did not move out until Dec 2016. Also, all money owed to the Plaintiff was to come out of the home. The Defendant decided not to pay for the home starting in 2004 even though she received her alimony. Is there any case law on... Read more »

Santo Artusa Jr.
Santo Artusa Jr. answered on Jan 23, 2017

I agree with my colleague but sometimes it is better late than never. You should hire an attorney to work on this ASAP

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2 Answers | Asked in Divorce for New Jersey on
Q: I filed for divorce but the check bounced, what now

My ex removed the money from the account when I filed for Divorce in April, I now reside in New Jersey, can I still restart that divorce or must I refile in this state (NJ)

Santo Artusa Jr.
Santo Artusa Jr. answered on Jan 23, 2017

You would need to provide more information depending on if you meet the jurisdiction's residency requirements and other pertinent factors.

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2 Answers | Asked in Divorce for New Jersey on
Q: My boyfriend purchased a house after he was separated. He's still not divorced though.

Does his ex have any claim on the house?

Santo Artusa Jr.
Santo Artusa Jr. answered on Jan 23, 2017

It depends on if a true economic break occurred when he/she left. There is case law to support her not getting anything. Consult and hire an experienced divorce attorney in New Jersey.

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4 Answers | Asked in DUI / DWI for New Jersey on
Q: I’m planning a fishing trip to Canada with my buddies and just learned a person in our party has a dwi.

He lives in a state where it was considered a moving violation - he paid all fines and never lost his license. Is it going to be a problem for him to go on the trip?

Santo Artusa Jr.
Santo Artusa Jr. answered on Jan 26, 2017

From your description it does not seem like there would be a problem unless he skipped court and there is a warrant.

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2 Answers | Asked in Family Law for New Jersey on
Q: What can I do to force my ex wife to allow our 11 &17 y o to go out of the country to attend their older brothers funera

She wants me to pay for her trip to Jamaica too (where the funeral will be) or she won't allow the kids to go.I'm already paying entirely for the kids ( passports,plane fair,hotel)The funeral is in two weeks.

Santo Artusa Jr.
Santo Artusa Jr. answered on Jan 26, 2017

If the other party does not agree you would have to file a motion/application in court for a court order permitting them to travel outside of the country.

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1 Answer | Asked in Divorce for New Jersey on
Q: I fired my attorney. Where can i find/apply for pro bono attorney to finish my case or can i go pro se at the MESP?

I put down $5000 retainer 15 months ago. He asked for $3000 more to appear at MESP and finish up any remaining paperwork. I take home about $400 a week. I dont have the funds to hire another attorney. This is a simple divorce with no child support, alimony or property/assets/investments to split.... Read more »

Santo Artusa Jr.
Santo Artusa Jr. answered on Jan 30, 2016

Did you file a substitution of attorney? If you did not, he or she may have to appear until the Judge releases the attorney from the case.

2 Answers | Asked in Divorce for New Jersey on
Q: How long is a divorce process?
Santo Artusa Jr.
Santo Artusa Jr. answered on Jan 30, 2016

A divorce can take as little as 45 days or more than a year depending on the issues, county, the ability of the parties to reach an agreement on at least some issues or all. A party cannot be forced into an agreement and that is what can take the longest or lead to a trial.

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3 Answers | Asked in Divorce for New Jersey on
Q: How can my friend get a just divorce agreement without the means to hire a lawyer?

A good friend's wife has filed for divorce. Everything was thrown at him so fast and he signed papers that he now regrets signing. Although they were supposed to be signed in front of a notary and weren't. She's trying to limit his time with his kids, take the house free and clear and leave him... Read more »

Santo Artusa Jr.
Santo Artusa Jr. answered on Jan 30, 2016

Your friend should be careful on trying to handle the situation on her own. It would be wise for him or her to consult with a lawyer and figure a way to hire one.

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1 Answer | Asked in Family Law for New Jersey on
Q: Will my new wife be required to submit income, assets and tax returns for college cost of my kids from previous marriage
Santo Artusa Jr.
Santo Artusa Jr. answered on Sep 7, 2015

Your new wife should have nothing to do with the college contribution. She should not have to reveal her income and assets.

1 Answer | Asked in Family Law for New Jersey on
Q: is my exhusband responsible for transportation to and from my house to pick up kids for his weekend?

He left and relocated to his mother's. We now live a hour apart and I have had to go back to work. Working two jobs. Often on weekends that he has kids. He wants me to pick up the kids after his weekend. So I wouldn't get them till 9:30 at night on the Sunday's he has them. Instead of him bringing... Read more »

Santo Artusa Jr.
Santo Artusa Jr. answered on Jun 28, 2015

It depends on if there is a court order. If there isn't an order addressing this, you should go back to family court and address this issue before it becomes the status quo and a court may not change it.

1 Answer | Asked in Divorce for New Jersey on
Q: If I, plaintiff, decide to purchase a newer car be4 divorce iscsettled(june2015) n husb been served since August 2014 am

I obligated to split have the value w/him?

Santo Artusa Jr.
Santo Artusa Jr. answered on Jun 28, 2015

The quick answer is if you used money your own money post divorce complaint, that asset is yours. If you obtained the asset from marital funds then those funds must be accounted for.

1 Answer | Asked in Divorce for New Jersey on
Q: Married for 8 years.I owned my home out right prior to marriage along with other properties. Self employeed for 28 years

All assets in my name only including bank accounts/brokerage accounts which I had prior to marriage. What will she be entitled to? Have 3 young children

Santo Artusa Jr.
Santo Artusa Jr. answered on Jun 28, 2015

The value of the house should be yours unless you added money to the asset during the marriage then the spouse could be entitled to the increase from that addition. If your spouse lived in the home, your spouse may be entitled to a share in the house if it was the marital home.

1 Answer | Asked in Divorce for New Jersey on
Q: Trying to settle a divorce - my ex inherited 800K in assets - does this impact alimony number?

My present atty says it has no impact on what she can get per month but I got a second opinion saying she can not show need looking for solid advice

Santo Artusa Jr.
Santo Artusa Jr. answered on Jun 28, 2015

When alimony is in consideration, all assets are considered. Even though these assets are not subject to equitable distribution, all assets available to a party can be considered.

1 Answer | Asked in Divorce for Indiana on
Q: Separated 10 years are we legally divirced

Wife left me 10 years ago we both have not file divorce are we legally divorced

Santo Artusa Jr.
Santo Artusa Jr. answered on Jun 28, 2015

You are not divorced unless you have an order from the court indicating such.

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