If you are asking if she allowed to get remarried, the answer is yes. If you are asking if she should still continue to receive alimony, the answer is no. There are several things to consider in your situation.

In order to approach it in a way that is most likely to be successful for you,... View More

There are several factors involved in an award of alimony. Your husband's new child is not one of those factors. The short answer is that it is unlikely. Even assuming you would have been likely to receive alimony when you first separated, had you gotten divorced at that time, you have now... View More

Good question, unfortunately the answer is not simple. In New Jersey a 14 year old is allowed to make his or her preferences known to the Court. The Court is required to consider those preferences, but does not have to agree with them. The most efficient way to make sure the Judge known's the... View More

Divorce and domestic violence are family court issues, so start there. Many family law firms, including mine, offer free consultations. A civil suit involving domestic violence is called a Tevis Claim and is filed in the family court as part of your divorce. It may ultimately be removed to Law... View More

Thank you for your question. I am sorry that you and your children have to deal with such a distressing situation. The short answer is you can file a motion. The specifics are more complicated than that, and would be tailored to your specific situation. A change in primary custody in New Jersey... View More

Thank you for your question. There is o such thing as legal separation in NJ. That being said you have options. You could file a non-dissolution action with the court and then execute a Consent Order with all the terms you and your husband agree on. You could also do a Divorce from Bed &... View More

If your parents agree to you moving out then they would have to assign temporary custody to your friend's mom so that she could consent if you needed emergency medical treatment, for example. If your parents are not in agreement, then yes they can stop you. You are a minor child.... View More

Thank you for your questions. I'm sure this is a very frustrating and scary time for you. There may be several options available to you. You could file a motion to enforce and you would receive a portion of any unemployment your husband receives. While he owns his own business and would... View More

Thank you for your question. I am sorry that you are dealing with such a frustrating situation. If the opposing party filed for modification then it is in your best interests to file a response and potentially a cross application.

That being said, there is a lot to know before filing... View More

Thank you for your question. While there may be personal reason why you wanted to file on the grounds of mental cruelty, it will not matter what the underlying grounds are. It will not be on the Final Judgment of Divorce, nor does fault matter in New Jersey as far as potential property... View More

Thank you for your question. We are seeing this same issue again and again, and we understand that there is increased anxiety all around for people who are co-parenting in these difficult times.

In general the courts are not considering "what if" scenarios, they are enforcing... View More

Thank you for your question. Unfortunately this frustration is becoming very common. Many courts in New Jersey have ruled that absent a credible threat of the virus, i.e. someone in the household testing positive, parenting time should continue per the most recent court order. That being said,... View More

I can understand why you would find this concerning. The best thing to do is to file an Order to Show Cause as this is an emergent issue affecting the safety and well being of the children. That being said, this is a complicated and much contested legal issue right now. You should consult with an... View More

Thank you for reaching out. I'm sure this is a difficult and stressful situation for you. There are several things you could do involving the court system. If you feel your daughter is in danger you could file an Order to Show Cause.

More likely, you will need to file a Motion for... View More

I am so sorry you are in this situation. You should contact your local legal services office.

https://www.lsnj.org/LegalServicesOffices.aspx

They may be able to assist you with your divorce and with filing a VAWA petition or U-Visa with USCIS to protect your resident status. Good Luck!

Thank you for your question. I'm sure, as a Mom, that this situation is very stressful for you. The answer, as with most legal questions, is that it depends. If you have already filed a Complaint for Divorce then you can file what is called a "pendente lite" motion. That just... View More

The many rules and procedures of the Courts can be confusing to a layperson. This is one of many reasons why you should retain a competent family law attorney.

To answer your question, whenever you file anything with the Court you are required to also send a copy to opposing counsel. It is... View More

That's an excellent question. There are may factors involved. If a proper QDRO (Qualified Domestic Relations Order) was executed and she chose the option of receiving payments when you retire rather than opening her own retirement plan, then it would make sense that the full balance is still... View More

That's a very good question. I'm sure it is stressful not knowing what is going to happen. The short answer is it depends. There are many factors that play into alimony and the timing of termination. It is very specific to your unique situation. Some factors include any potential... View More

Thank you for your question. I am sure this is a very confusing time for you. The answer is it depends. If the home was the primary marital residence then it will not matter how you paid for it or who is on the loan, it is a marital asset. The choice becomes do you want to buy her out of what she... View More