Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Richard Diamond
3 Answers | Asked in Contracts, Criminal Law and Divorce for New Jersey on
Q: How do I evict my husband if he is doing drugs and stealing from my minor children
Richard Diamond
Richard Diamond answered on Sep 21, 2021

Probably your best option is to sit down with a divorce lawyer and discuss your options to get your husband removed from the house / restraints on his contact with the children.

View More Answers

1 Answer | Asked in Child Support for New Jersey on
Q: Married over 30 years. Youngest 2 of 6 children are Freshmen & Sr. in college. Hubby wants divorce but does not

want to pay spousal or child support for the 2 college kids. Now in my mid 50's, I have no income and we cannot afford divorce, as per multiple attorneys from previous consultations. About $100,000 equity in the house, $30,000 in 401K and he has $40,000 in separate personal account from... Read more »

Richard Diamond
Richard Diamond answered on Sep 20, 2021

I dont know if any of the lawyers you met with for consultation purposes were specialists, but presumably during your consultation[s], you discussed your employment history, your husbands current employment setting and your employment potential to determine what your husbands support obligation... Read more »

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I am an unemployed mom who's husband is now withholding his income, the household income, in an effort to

control me. Is this considered domestic abuse in NJ?

Richard Diamond
Richard Diamond answered on Sep 16, 2021

If your spouse is refusing to provide you will support, you can file an application with the court for interim support. You can file it pro se and the intake person at the family court intake office can give you the forms to fill out. Fill out the information and then file your application. He will... Read more »

1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: Can my husband and I get a pro-bono lawyer in Morris Co., NJ for mediation for divorce if it's expected to take more

then 2 hours. When we had the mediation settlement panel thru the court, one of the attorneys was pushing for mediation and said it would probably cost over $5,000 and would take more than a few hours. We don't have alot of money or assets, in fact we were told from the beginning we... Read more »

Richard Diamond
Richard Diamond answered on Sep 14, 2021

I have been a divorce lawyer for the past 36 years and it doesn't sound like the issue is the cost of the mediators involvement. Rather, it sounds like the issue is your husbands bullying and pressure tactics. The bigger problem for you is that mediation is a confidential process. The court... Read more »

3 Answers | Asked in Divorce for New Jersey on
Q: See below

I wa t to leave my husband of 20 year's and I'm a little concerned on how he will take it . He does have a temper. We have no children , but we have 11 acres of land with a 38 ft 5th wheel . We also have acquired lots of merchandise for the property . . We have a small savings and... Read more »

Richard Diamond
Richard Diamond answered on Sep 14, 2021

The best way for you to decide on how to move forward constructively is to meet with a family law attorney - preferably a "certified matrimonial trial lawyer by the New Jersey Supreme Court", which is the designation given to only 2% of the lawyers in this state, who have demonstrated... Read more »

View More Answers

1 Answer | Asked in Divorce for New Jersey on
Q: When do alimony payments start?
Richard Diamond
Richard Diamond answered on Sep 10, 2021

Look at the court order or the agreement you entered into with your spouse. In the document, it should spell out the commencement date of the payments ( either directly or through probation). If it is not clear to you, then reach out to your lawyer to ask for clarification.

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can someone on the child registry list not be supervised by other adults when the child lives there
Richard Diamond
Richard Diamond answered on Sep 9, 2021

If someone is required to be registered on the "child registry list", presumably there is a court order in place identifying the restrictions imposed on contact with children and who is qualified to supervise. Start with that document and also speak with the probation department officer... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: Can I terminate paying child support if my son is 20 yo is in College but has steady earnings workin remotely in NJ?
Richard Diamond
Richard Diamond answered on Sep 9, 2021

I dont know if there is a court order or agreement in place requiring you to pay child support until your son graduates from college or if there is an order requiring you to pay child support through the probation department system, but simply terminating your payments may cause your ex or the... Read more »

View More Answers

2 Answers | Asked in Divorce for New Jersey on
Q: My husband was paying alimony weekly til he had a traumatic brain injury at work. He hasn’t worked since Dec 2018.

What are the next steps?

Richard Diamond
Richard Diamond answered on Sep 9, 2021

You need to sit down with a family law attorney to discuss your husband's support obligation and how this injury impacts his continued alimony obligation. The fact that your husband had a significant injury may be a basis for termination of his alimony obligation but unless his ex agrees in... Read more »

View More Answers

1 Answer | Asked in Family Law for New Jersey on
Q: NJ Superior Court Middlesex I asked my attorney for a copy of the testimony that a judge heard in order to create the

TRO. I was told. Nope. Cant make a copy. Must go to lawyer's office to hear. True?

Richard Diamond
Richard Diamond answered on Aug 23, 2021

I have no idea whether there was an order entered imposing a restriction on whether the lawyer could send you a copy of the tape recording of the testimony provided to the judge or hearing officer to support a TRO, but if your lawyer wants you to come into his / her office to listen to it, then go... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: I have a living arrangement but a situation has occurred that is now affecting it. How would I go about this?

I am living with my sister but I am moving out of state we had a conversation about it confirmed it and I set everything up so that I’m ready to go by January as far as my current job and how I will be getting to this state with all my belongings. I set these plans with a friend who is coming... Read more »

Richard Diamond
Richard Diamond answered on Aug 9, 2021

I gather you and your sister had some type of fight and she is angry at you. I gather also that the home you are living in is either rented or owned by your sister and therefore she feels comfortable telling you that you need to leave. My suggestion is that you swallow your pride and talk with your... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: What legal actions to take in obtaining assets from our house sale?

My husband and I have been married for over 50 years. Separated for 20 years. In the early part of our marriage I joined financially with my husband in the purchase of our house (though solely in my husband's name). When the house was sold (August, 2020), my husband received all the... Read more »

Richard Diamond
Richard Diamond answered on Aug 9, 2021

You need to file for divorce and in the divorce, ask that assets of the marriage be restrained until an equitable distribution of the assets of the marriage can take place. The fact that the home was acquired in his name alone does not mean that you do not have an equitable distribution interest in... Read more »

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Civil Litigation for New Jersey on
Q: What to do when an ex bf is also a co buyer of a house and he won’t leave and stated he will not give up the house?
Richard Diamond
Richard Diamond answered on Aug 9, 2021

You and he bought the property together and therefore you and he have to agree to permit one of you to buy out the other persons interest or to sell it and divide the proceeds from the sale. The alternative is that you / he retain lawyers and one of you will then file a partition claim to force the... Read more »

View More Answers

1 Answer | Asked in Family Law and Civil Rights for New Jersey on
Q: Can i be emanispated at the age of 17 because of a verbal abusive guardian in Nj?

I have a job and am getting a good amount of money. I am in school still but will any of this interfere with getting emanispated. Even if i continue to go to school and take care of myself.

Richard Diamond
Richard Diamond answered on Aug 5, 2021

Before deciding you need to be emancipated, go online and do a google search on available social services for teen counseling programs in your area to help prepare you for a change in your life. Counseling can help you better handle the abusive communications, assist you in understanding what... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: Whats the process to file a motion acting as my own lawyer?? This is for family court for my sons mother to follow order

His mother has neglected to inform me of my sons address, doctors and their locations, school etc for years. The last overnight I had with him was March 10th 2020, upon covid I hadn't seen him till June 27th 2021

Richard Diamond
Richard Diamond answered on Aug 5, 2021

This is not a simple enforcement application and therefore I suggest that filing an application on your own will be a mistake. Under the court rules, your certification ( your testimony) in support of your application can be up to 25 pages separate from all of the attachments ( exhibits) to your... Read more »

View More Answers

2 Answers | Asked in Criminal Law, Immigration Law and Domestic Violence for New Jersey on
Q: If there are false charges made against me among claims that I haven’t done. Does the case get thrown away

It’s a domestic violence case against the state

Richard Diamond
Richard Diamond answered on Aug 3, 2021

On the return date of the domestic violence matter, the person filing the complaint testifies as to all or some of the allegations in her domestic violence complaint. Your counsel then has the right to cross examiner her on the credibility of her claims. After she has presented her case, you then... Read more »

View More Answers

2 Answers | Asked in Divorce and Real Estate Law for New Jersey on
Q: Divorce real estate question and what kind of lawyer do I get?

I got divorced a year ago and agreed to let my ex-wife keep the house so that she can stay there with my child and she in exchange paid off a small credit card debt. A year later she has now decided to sell the house and I am still on the mortgage and deed. I am being told that since I am still on... Read more »

Richard Diamond
Richard Diamond answered on Aug 2, 2021

You need to talk with a divorce lawyer since you say that you agreed to give the home to your ex in exchange for her taking care of the payment of specific expenses ( debt) and that she failed to pay off the total amount owed. As part of your conversation with that lawyer, bring every document,... Read more »

View More Answers

1 Answer | Asked in Divorce for New Jersey on
Q: Am I entitled to gains and/or losses from spouse's retirement accounts using QDRO? What is NJ statute # ? Thank you
Richard Diamond
Richard Diamond answered on Jul 29, 2021

The starting point is the language of your divorce settlement agreement. In most agreements, the lawyers agree to language that says that when dividing up defined contribution type assets (IRA's, 401K plans, etc) the gains and losses attributable to the marital portion will be shared by the... Read more »

2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Hello! My 9 years old refuses to go overnight with her dad, should I force her?

Hello! My 9 years old refuses to go overnight with her dad every other weekend. Last weekend she went forced by her dad”s attorney intimidating letter. I have to pick her up a 3:30 am she couldn’t sleep, she said she was scare but she doesn’t say of what. When we get home she went to sleep... Read more »

Richard Diamond
Richard Diamond answered on Jul 26, 2021

My guess is that you and your husband recently separated and since separating, your husband wants to put in place a parenting time plan and he has enlisted the assistance of a lawyer and they have told you that if you do not cooperate with their efforts to put this plan in place, they will seek... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: When was 2019 NJSA Section 9:6-3 - Cruelty and neglect of children; crime of fourth degree; remedies -revision DATE?

When was 2020 NJSA Section 9:6-3 Cruelty and neglect of children; crime of fourth degree; remedies -revision implemented DATE?

Richard Diamond
Richard Diamond answered on Jul 26, 2021

Im not sure if this answers your question, but here is the latest version of that statute ( 2020)

9:6-3. Cruelty and neglect of children; crime of fourth degree; remedies

9:6-3. Any parent, guardian or person having the care, custody or control of any child, who shall abuse,...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.