Thank you for your question. I know that contemplating divorce can be very stressful. The first step is to confer with an experienced family law attorney. A consultation will allow the attorney to explain your rights and make you aware of the process.

Procedurally speaking, a Complaint for... View More

Thank you for your question. I'm sure your husband's statements are very frustrating. The answer depends largely on your individual circumstances. Factors to consider are is this his father or step father? Do you have an existing support order? Is it paid through the probation department?... View More

Thanks for a great question. The answer, as with most questions pertaining to family law, is it depends. The joint budget section is supposed to reflect the marital lifestyle as it is or was during the most recent time frame the parties resided together. That being said, the way you present that... View More

Thank you for your question. That's a very common question among people contemplating divorce. There are no such thing as separation papers in New Jersey. Whoever files for divorce first is the PLAINTIFF and whoever answers that divorce complaint is the DEFENDANT. There is no strategic... View More

Thank you for your question. There is no such thing as legal separation in New Jersey. There is no strategic advantage to filing for divorce first in this state. Divorce can be complicated and confusing and you will need legal expertise.

You are not allowed to alter or remove her from... View More

That's a good question that many people ask. You have 35 calendar days to file an Answer, Answer and Counterclaim, or Notice of Appearance. Motions, if necessary, come later. The best thing to do is consult with an experienced family law attorney about your next steps.

Thank you for your question. It sounds like you have several issues going on. Each situation is unique, so the answer is almost always "it depends". If you have a Court order or agreement that says he will move out and he has not then you should consider an enforcement action in court.... View More

Thank you for your question. Child support and parenting time can be confusing for a lot of people. It does not matter how you describe your parenting time situation. In New Jersey the percentage of time is determined by the overnights the child spends at each home. If the child spends more... View More

Thank you for your question. My condolences on the loss of your father. Like many legal scenarios, the answer is that it depends. The house cannot be sold until all owners agree. If all four children were bequeathed the home, then everyone would have to agree. If you father died intestate... View More

Thank you for your question. Motion practice is detail oriented work, and a misstep could make your response papers inadmissible. Do not make an already stressful situation even worse. The outcome of the motion is too important to take chances. You should consult with an experienced family law... View More

Yes. Once you are 18 years old you have reached the age of majority. Unless you are declared mentally incompetent you are free to do as you please including vote, sign contracts or move out. That being said you need to consider if you have enough income to support yourself. It would not be a good... View More

Thank you for your question. I understand that must be very frustrating. My response is predicated on your court case being in a NJ court. You are supposed to agree on extra curricular activities, then you are responsible for taking your daughter during your parenting time. You are not a bad... View More

Thank you for your question. I'm sure this must be very stressful for you. There are two types of custody in NJ, legal custody, which is where the parties share responsibility for major decisions in a child's life such as medical, education and religious upbringing. The second type is... View More

Thank you for your question. I'm sure it is frustrating to watch your mother go through this. The short answer is No. You do not have standing to sue a third party, your mother is the one who will be potentially injured. Also, suing someone is typically for personal injury cases.

If... View More

Thank you for such an interesting question. I'm sure it must be very frustrating to be in your situation. There are two kinds of custody, physical and legal. Physical custody is where the child primarily lives and who has parenting time. Legal custody is having the right to make big decisions... View More

Thank you for your inquiry. I’m sure this must be a very frustrating situation for your friend. He will need temporary orders to set parameters pending the end of the divorce. The issue of his parenting time, and other things, can be addressed with a motion. There are many factors effecting the... View More

In order to get an annulment in New Jersey you need one of the underlying grounds. These are:

1. Fraud or lies were used to trick one of you into agreeing to the marriage;

2. Bigamy;

3. one of you was under 18 when you married and you have not had sexual relations since... View More

You should consult with a qualified family law attorney sooner rather than later. There are too many factors involved to be able to adequately respond to your questions because each case is unique.

Daycare costs are generally split in proportion to your respective incomes. This is on top... View More

You should consult with an experienced family law attorney who can assist your father in filing a motion to emancipate you and terminate the child support. There are multiple factors involved. Many firms, including mine, offer free consults to give you a better idea of what is involved.

You are required to pay child support until and unless you get a new court order. Given the change of circumstances you have described you should consult with an experienced family law attorney to file a motion to modify your prior order and give you a credit for any support paid after the date... View More