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Questions Answered by Richard Diamond
1 Answer | Asked in Child Support, Family Law and Immigration Law for New Jersey on
Q: How do you deal with foreign child marriages (under16), would they have to got to court (§ 37:1-6) to get it approved?
Richard Diamond
Richard Diamond
answered on Feb 6, 2023

In 2018, New Jersey Governor Murphy signed a bill into law that would prohibit anyone under the age of 18 from marrying or entering into a civil union. As of July 2022, seven U.S. states have banned underage marriages, with no exception, including New Jersey.

Historically, child marriage...
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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I need to get an uncontested divorce. How do I go about that ?
Richard Diamond
Richard Diamond
answered on Feb 4, 2023

Presuming you and your spouse have a written signed settlement agreement resolving all issues in dispute between the 2 of you including the resolution of any alimony claim, child support, custody, parenting time, equitable distribution of all assets and liabilities of the marriage, and resolution... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My spouse was awarded the home and responsible for the mortgage until refinance. The

mortgage was in my name alone.

Is my equity determined by full payoff balance or the principal owed?

Richard Diamond
Richard Diamond
answered on Feb 1, 2023

Unless you sit down with a family law attorney to review the terms of the court's order or your settlement agreement, it is impossible to determine your equity interest, what responsibilities your ex has for payment purposes for the mortgage balance and whether your equity interest is valued... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: Can a 16 year old male from New Jersey leave their family and move in with another family from Florida?

Hello, I'm a 16 year old from New Jersey, and I'm looking to move into a new family thats out of state. I do not have my parent's consent to move out, but I have the consent of the other family to move in with them. I do truly believe they can take care of me better than my current family.

Richard Diamond
Richard Diamond
answered on Jan 31, 2023

The short answer is no. The longer answer is that I am concerned that another family is willing to tell you that it's okay to move out of your house and move in with them without addressing the legality of your actions / their actions.

If you are so unhappy in your home setting and...
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1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: Office of the Public Guardian for Elderly Adults in NJ is my mom’s guardian. I don’t want this. How can I change it?
Richard Diamond
Richard Diamond
answered on Jan 31, 2023

The Office of the Public Guardian (OPG) is designed to act as a surrogate decision-maker for residents of our state who are 60 years old and over, who have been deemed incapacitated by a superior court judge. When a judge deems someone incompetent to handle his / her affairs, the court then... Read more »

2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Do I need a lawyer to fight child protective services?

Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... Read more »

Richard Diamond
Richard Diamond
answered on Jan 30, 2023

Politely, I'm not sure that you are grasping the severity of your current setting and your response to an inquiry by DCCP has the potential to make things worse. You and your partner had a physical altercation in the presence of your child, and someone called the police and reported a domestic... Read more »

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2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... Read more »

Richard Diamond
Richard Diamond
answered on Jan 25, 2023

There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: A man married in Florida a resident of Florida his estranged wife of 10 years lives in NJ can he file for divorse in Fla

The man ownes a home in Fla individually. Is the any benifit for doing so? There are no children envolved.

Richard Diamond
Richard Diamond
answered on Jan 19, 2023

You need to sit down with a divorce lawyer to discuss whether both states have jurisdiction and presuming so, which state is a better state for you to proceed with the divorce matter. Based on the extremely limited information provided, it sounds like both states have jurisdiction to proceed with a... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: can child services investigation reports regarding my estranged wife and I be used by me as evidence in a criminal case

Can I use findings of her drug use and child neglect in the child services report to discredit her as a witness? She is shown as a person who abuses drugs and lies. She has also had 2 DUI in the last 3 months with my son in the car.

Richard Diamond
Richard Diamond
answered on Jan 19, 2023

If its a criminal matter and your estranged wife is being criminally charged, the matter is handled by a muni, county, or state prosecutor. You can tell the prosecutor what information you have, and he can decide whether he can use it.

If you are being criminally prosecuted and she is...
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1 Answer | Asked in Domestic Violence for New Jersey on
Q: I have a TRO against my child father he missed court and now our FRO has move. I’m thinking about doing a civil agreemen

Do I need an attorney to do civil agreements?

Richard Diamond
Richard Diamond
answered on Jan 16, 2023

Yes, you should have a lawyer knowledgeable with domestic violence matters prepare it.

Here are a few "basic" questions that an experienced lawyer handling domestic violence matters should address in the document:

Is it going to be a consent order or consent agreement...
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1 Answer | Asked in Divorce, Child Support and Family Law for New Jersey on
Q: If my fiance signs a prenup, can his exwife be entitled to more child support or more money after we marry ?
Richard Diamond
Richard Diamond
answered on Jan 3, 2023

I am not sure how the terms of your prenuptial agreement with your fiancé connect at this moment to your fiancé's child support obligation for children from his prior marriage.

Your fiancé has a child support obligation based on his current income setting from employment and...
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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My children and I moved here with their father for his work in June 2020. My children's father left and remarried

In jan 2022 ......I have been given a substantial job offer back in the state we had been living in prior to our mive to NJ which is 1.5 hrs from him. Can I take the children?We have a custody order he has visitation one week anight that I can not accommodate I've made suggestions and requests... Read more »

Richard Diamond
Richard Diamond
answered on Jan 3, 2023

The short answer is no. Under the law, if you and he do not have an agreement permitting the relocation to take place, you must get an order of the court permitting the relocation to take place. If you move without his permission/court order, he can file an application with the court to compel the... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Paternity

I signed the birth certificate for a child that I now believe it’s not mine. I found out during my relationship with his mother, that she was unfaithful. She is coming after me for child support, but I would like to establish paternity.

Richard Diamond
Richard Diamond
answered on Dec 29, 2022

Under the law, you have the right to file an application with the court to determine the child's paternity. As part of that application, you will need to provide as much detail as possible to support your claim that you may not be the child's biological father since you already signed the... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: son lives w/aunt and daughter with BF but I support both .Does this exclude the father from paying court ordered CS?

He filed a motion to discontinue paying because my children aren’t living with me but I still have them under my health insurance and provide for them financially .What is the law on this ?

Richard Diamond
Richard Diamond
answered on Dec 28, 2022

Sounds like your children are not emancipated - which means that he is not entitled to terminate his child support obligation. The issue is where should his child support payment be directed? Maybe the payment should be directed to your aunt since she is the one caring for and paying for the... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: What is consider a witness list to provide to the court to get sole custody?
Richard Diamond
Richard Diamond
answered on Dec 28, 2022

A witness list is an identification of the witnesses you plan to call at trial. I am sure that the court also required you to submit a pre-marking schedule of documents you plan to you on your case starting with a complete listing of each document. As part of the pre-marking requirement, I am sure... Read more »

2 Answers | Asked in Criminal Law, Family Law and Child Custody for New Jersey on
Q: What is the statute of limitations for 2c:34-3?

I ask because I have an eye witness who states (in an affidavit) that she walked in on my niece's dad showing my niece (then 6 years old) sexual content. I'm in litigation for custody of my niece and the judge is ignoring a lot of evidence--including my niece (when she was 7) sending me a... Read more »

Richard Diamond
Richard Diamond
answered on Dec 27, 2022

If I understand your inquiry correctly, you have filed an application with the family court seeking physical custody of your niece and presumably, the other party in the family court matter is the child's biological father.

I am not sure if there is a parallel investigation taking...
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2 Answers | Asked in Family Law for New Jersey on
Q: I live in New Jersey and am looking to move to florida. I was wondering about how far in advance do I request this?

He has not seen my son in over 2 years and moved out of state but I foresee an issue with him as he has caused several issues in family court on and off for the past few years.

Richard Diamond
Richard Diamond
answered on Dec 13, 2022

Despite the fact that he has not seen your child in over 2 years, to relocate with your son out of state, you either need a signed writing from him agreeing to the move or you need a court order permitting it to occur. I know that it seems like a waste of time / money, but I am a big believer in... Read more »

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2 Answers | Asked in Family Law, Child Custody and Appeals / Appellate Law for New Jersey on
Q: Should I appeal courts decision on the visitation they gave my ex? I am the father & the parent of primary residence.

Months after my divorce was final in 2020, my ex took me to court for 50/50 custody. At the time she had visitation every other weekend and a night for dinner during the week. The judge denied her request and sent us to mediation. At mediation I felt like I had to give up something so we agreed on... Read more »

Richard Diamond
Richard Diamond
answered on Dec 5, 2022

The filing of an appeal of a trial court's decision on a custody/parenting time decision must be within 45 days of the date of the order. Appeals are also expensive and time consuming. My suggestion is that you meet with a family law attorney experienced in handling family law appellate work... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Why would a warrant for a domestic violence case be recalled the the person didn’t comply with the court order

It has been 2 years since the case he did not pay his fines or do the anger management that was court ordered and 2 years later nothing has yet to be done to him from the courts

Richard Diamond
Richard Diamond
answered on Nov 28, 2022

I don't know why a domestic violence restraining order's requirements are not being enforced by the court/probation department. My suggestion is that you sit down with a family law specialist, with experience handling domestic violence matters to review the terms of the court's... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: I have a question about settling finances before a divorce

Basically just want a legal person to review this statement and make sure it doesnt sound sketchy.

Hey just finished meeting with the lawyer.

First I’ll file a complaint for divorce that just starts our actual separation. As of right now property we’ve separately acrewed is... Read more »

Richard Diamond
Richard Diamond
answered on Nov 21, 2022

My advice (which should not come as a surprise) is that it's worth your while to schedule a consultation with a lawyer who specializes in divorce law (not a general practitioner who also handles divorce matters) to review your asset setting, respective employment settings, etc to give you... Read more »

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