He filed in 2020 & everything has been slow because of court backlog. We are staying in house we own for 2 more years til the youngest finishes school. The amount he'd have to pay in alimony is minimal & I haven't worked in 30 years. 3 additional sons live home, and contribute a... View More 
answered on Sep 25, 2023
An Intensive Settlement Conference is a last-ditch attempt by the court to settle a case before it goes to trial. I have no idea what your husband earns, what the court will conclude you are capable of earning ( even though you are not currently working and have not worked in years), I have no idea... View More
I have a sample qdro from plan administrator which I am completing based on jod but there is a part I don’t understand what they want. It reads: “This order is issued (cite specific provisions of the state domestic relations statute which order implements)
answered on Sep 25, 2023
QDRO stands for qualified domestic relations order.
As a general statement, qdro's are used to divide employment-related retirement assets subject to division in a divorce order or contained in the divorce settlement agreement.
If there is a divorce judgment/settlement... View More
Can a legal document be prepared that alleviates the legal obligation to pay child support if both parties sign it?
answered on Sep 6, 2023
As a general statement, the answer is no. Even if the other parent signs an document promising not to seek child support from you as long as you never seek a relationship with the child - neither of you is bound by that agreement. You would always have the right to petition the court to see your... View More
My daughter essentially emancipated herself after graduating high school. She is working and living on her own. I am still on the hook for 1200 bucks a month. Why am I still paying and why does no attorney I speak with think this I'd an issue?
answered on Sep 5, 2023
I dont mean to be rude but I think the answer is that you probably have not spoken with a family law specialist. Under the statute, the probation department is to stop collecting child support when an individual hits the age of 19 unless the individual is pursuing a higher education, and then the... View More
all the car payments, and we are both on the loan. My boyfriend died a couple years ago, and I now want to put the vehicle in only my name, except motor vehicle requires a copy of the death certificate, which the family will not give me. What recourse do I have to require them to give me a copy of... View More
answered on Sep 6, 2023
You need to meet with an estate planning lawyer to educate you on what steps you need to take to transfer the title to the car into your name alone. While you may have made all of the payments, my concern is whether his estate makes a claim against you for their "share" of the value of... View More
ORDERED that the Marital Settlement Agreement entered into evidence at the time of the hearing on June 10, 2021, which was marked J-1, shall be a part of and incorporated into this Dual Final Judgment of Divorce with the parties full acknowledgment that the Court took no testimony as to the merits... View More
answered on Aug 31, 2023
It sounds like your attorney and your spouse's attorney agreed to a divorce from bed and board for a specific period of time with either / both parties having the right to convert it to an absolute divorce at a later date and now your spouse is seeking to convert the divorce from bed and board... View More
answered on Aug 28, 2023
If the other side has filed an application with the court seeking to compel you to pay / adjust your child support payment obligation, the court has to determine your income setting for purposes of the child support guidelines. If you are disabled and receiving SSI and presumably, she is receiving... View More
The divorce was filed pro-se. We thought it was going to be uncomplicated. It became complicated. We both hired attorneys. Now both attorneys are off the case. We have been through everything including different judgements for anything ranging from child support to parenting schedule and spousal... View More
answered on Aug 17, 2023
You are mixing apples with zebras.
The cause of action for divorce ( reflected in the complaint for divorce that gives you the docket number in the court system) can be based on fault or it can be based on irreconcilable differences, but the cause of action for divorce has nothing to do... View More
Kids are twins who are 6 and a 13 year old.
answered on Aug 10, 2023
First question: where is your daughter in this equation?
Is she opposed to the kids hanging out there and if so, what if anything has she said/done to express her objections?
As grandparents, you can try and talk with your former son in law and tell him that you are willing to... View More
Ex mate is currently getting this pension.
answered on Aug 3, 2023
You and your spouse divorced (presumably in New Jersey) and as part of your divorce, you were awarded in a court order/settlement agreement 50% of the marital portion of your spouse's pension plan. In the court order/settlement agreement, presumably, it also stated that you and he were to... View More
There was previously a no contact which we thought would go away after his probation ended but it did not. I had to call the police for an incident that occurred and he took a plea deal by accepting a stalking 3rd degree felony charge and along with it the judge gave a permanent no stalking order.... View More
answered on Jul 18, 2023
I don’t mean to be rude, but:
1. You currently have a domestic violence final restraining order in place against the father of your 2 kids.
2. You also filed a criminal stalking charge against him after the entry of the final restraining order, resulting in him pleading guilty to... View More
Everyone resides in New Jersey and we have joint legal custody of our son
answered on Jul 13, 2023
The first and most important question is whether you and your ex have a written agreement memorializing the terms of your custody, parenting time and support setting.
Secondly, you said that you and your ex have a joint custody arrangement but in New Jersey, custody arrangements are... View More
Spouse keeps on using delaying tactics in order to avoid our divorce to go to trial. It has been four years of this, what motions can I file so the judge knows what's going on. Spouse keeps switching lawyers and keeps filing false accusations against me in order to avoid the divorce to go to... View More
answered on Jul 13, 2023
Between the pandemic and the shortage of judges in the New Jersey court system, many counties are experiencing terrible delays in getting divorce matters to trial. In fact, many counties are running about 3 1/2 - 4 years out from the date of the filing of the complaint for divorce for "real... View More
My parents were married in India but we've lived in NJ for the past 22 years. My mom told my dad (100% narcissist) recently that she wants a divorce and to move to CA with me. She and my sibling (we're mid 20s) immediately flew out to CA where I live, and my dad is losing it. Canceling... View More
answered on Jul 3, 2023
If your mother has lived in New Jersey for the past 12 months continually, New Jersey has proper jurisdiction for divorce purposes. The fact that your parents were married in India has nothing to do with jurisdiction for divorce purposes. Your mother can meet with a divorce lawyer for consultation... View More
I have a special needs son who lives there. She has a daughter there. What happens to me?
answered on Jul 3, 2023
You need to talk with a family law attorney who regularly handles domestic violence matters so that he can review with you the current status of the temporary restraining order (whether it has been dismissed or is still active) and if active, where she represented that she was living and whether... View More
I have been divorce in 12/2008. In 2015 I lost my job and was in foreclosure of my condo. My Ex-husband paid the amount owed on my condo and saved me and my daughter from losing our home. Our daughter will be a college freshman in September and he is using that money to be applied towards his... View More
answered on Jun 26, 2023
You wrote:
In 2015 I lost my job and was in foreclosure of my condo. My Ex-husband paid the amount owed on my condo
and saved me and my daughter from losing our home.
Now your daughter is in college and your ex wants to use the equity from the condo to help pay for the... View More
I recently took the mother of my possible son to cour to request, genetic testing. Because I signed his birth certificate, they denied genetic testing, and suggested we do it privately. Another gentleman did come forward and say the child was his. My question is because I am legally his father, am... View More
answered on Jun 26, 2023
I have no idea who you spoke with at the courthouse, but the fact that you signed the birth certificate does not mean that you do not have the right to contest paternity. The statute governing paternity proceedings specifically gives you the right to challenge paternity but doing it on your own has... View More
I had a 2005 DUI in New Jersey which was a traffic crime. It is only on my driving record but in 2021 I had 2 restraining orders 1 from my ex girlfriend in California court which was for 14 months and is now over and a permanent restraining order issued against me in New Jersey near the same time.... View More
answered on Jun 25, 2023
You need to talk with a lawyer who specializes in attorney ethics matters. Under our rules, if a lawyer is found guilty of domestic violence, it must be reported to the state ethics department. If the claim involved assault, a lawyer can be suspended from the practice or disbarred so I would... View More
After an argument between my wife and I over divorce discussions, I left the house and drove away. My wife called the police and reported domestic violence on the grounds I threatened to kill myself with a gun. When police arrived, guns were in locked cases. My wife surrendered them to the police.... View More
answered on Jun 16, 2023
By virtue of you asking the question, tells me that you cannot / should not represent yourself in your divorce matter since you are going down the wrong path.
When ANYONE files a domestic violence complaint, the 1st question the police ask is whether the person accused of domestic... View More
I have been married for 5 years, and my husband has not been responsible with our finances. He put me in a big debt with ezpass tickets, not paying the car note, and late in rent. Always lies about money and I have not idea what he does with his time. We agreed to get a divorce, he refuses to pay... View More
answered on Jun 15, 2023
If you want to file for divorce in New Jersey, you can file based on irreconcilable differences or you can file based on extreme cruelty ( detailing the information listed above) or you can file based on both claims. The problem is that regardless of the cause of action for divorce, they will not... View More
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