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Questions Answered by Richard Diamond
1 Answer | Asked in Family Law for New Jersey on
Q: can a retract an item that i said ok to in an consent order that hasn't been sign by judge in 10 months.

I agreed to more than I wanted to under duress. The judge put in an order for the one item (that helped me) but nothing came from the rest. But its just hanging out there. Can I get a lawyer to request it put taken off since it was never approved?

Richard Diamond
Richard Diamond answered on Jan 14, 2022

That's a good question. As a general statement, when both parties notify the court that issues in dispute have been settled and they submit a signed writing to the court confirming the settlement terms, the court has the right to enforce those terms even if it has not signed off on the consent... Read more »

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: can my aunt get custody and only allow me to see my daughter two weekends a month?

I have custody of my daughter (7) but she has lived with my aunt for 6 years. I lived with and took care of my daughter at my aunts for the first 3 years but my aunt kicked me out due to lack of space. I’ve always been involved in my daughters life and my wife and I have been working to... Read more »

Richard Diamond
Richard Diamond answered on Jan 14, 2022

YOU NEED TO IMMEDIATELY MEET WITH A DIVORCE LAWYER WHO REGULARLY HANDLES CUSTODY DISPUTES AND GRANDPARENT VISITATION CASES TO GET AN EDUCATION ON THE APPLICABLE BODY OF LAW GOVERNING YOUR TYPE OF MATTER. I have no idea what your aunt filed with the court nor what you filed in response, but there... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: My exhusband defaulted on agreement made in my divorce papers . Do I have to pay attorney fees to take him back to court
Richard Diamond
Richard Diamond answered on Jan 11, 2022

Presumably, there is a provision in the agreement that says that if he defaults in the payment of a financial obligation owed to you and you take him back to court for enforcement of that payment obligation, the court has the right to award you legal fees for the necessity of the retention of... Read more »

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3 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: ExGF put fake TRO to evict me with accusations that are her own actions and I have tons of solid proof I am the victim.

My exGF has Borderline Personality Disorder and is violent, damages property, throws objects, hits/shoves/suicidal. My ex-GF assaulted me on 08/22/2021 and 12/15/2021. 1st was dismissed at my request but open again due to the second charge. Before 12/15/2021 I was cut off financially after she... Read more »

Richard Diamond
Richard Diamond answered on Jan 11, 2022

Based on the level of conflict in existence between you and your ex, it clearly is an unhealthy setting for both of you. As to your friend's advice, I have no clue whether your ex will drop the DV complaint or press on with it, but since you cannot communicate with her or anyone connected to... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: My stpex covers car insurance/payment car got totaled when i was driving. He got the ins ck. kept $$. I now have no car

My car was totaled in a in a flood my soon-to-be EX got approximately 10 to $12,000 from State Farm he kept the money and is hiding it from me and left me with no car he is court-ordered to make the payments and keep our insurance can you help

Richard Diamond
Richard Diamond answered on Jan 9, 2022

My suggestion is to send your ex an email, laying out the following type of information:

1. pursuant to paragraph __ of your divorce settlement agreement dated _____, he was responsible for payment of your monthly car payment on the lease/financing until ___.

2. Pursuance to...
Read more »

3 Answers | Asked in Family Law for New Jersey on
Q: What is my right as a wife and what action do I need to do?

I’m married with 4 adult kids (previous relationship). My husband 2 adult kids (previous relationship). We were both divorced when we got married but no kids on our own. My issue is one of my step-son (married with 2 kids) is asking my husband for trust fund. It feels like he wanted to control... Read more »

Richard Diamond
Richard Diamond answered on Jan 6, 2022

You have not provided enough information for any lawyer to give you competent advice. My suggestion is that you schedule a consultation with a divorce lawyer to get better educated on your rights and to help you better understand whether you should be concerned.

From what I gather from the...
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4 Answers | Asked in Criminal Law, Family Law and Constitutional Law for New Jersey on
Q: Can I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. Can I legally sue?

Leonard: I do not appreciate... Read more »

Richard Diamond
Richard Diamond answered on Jan 4, 2022

Let's approach this issue differently for a moment. Let's assume that your mother did install an app on your phone and that it was done without your permission. At age 25, what is it that your mother is going to find out about you that you care less about any longer? I am not trying to... Read more »

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3 Answers | Asked in Divorce and Child Custody for New Jersey on
Q: Hello my husband served me with court papers that I can't leave country with my daughter but now he say he canceled it

I want to know how long court take to cancel motion in NEW JERSEY because he told me it will take till February 4 after I can travel

Richard Diamond
Richard Diamond answered on Dec 20, 2021

I presume that you and your husband have a pending divorce matter in the court system and that as part of that divorce matter, your husband filed an application with the court seeking to prevent you from traveling outside of the United States (or elsewhere inside of the US) because of specific... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: In nj i recently made 5 million on stock market and have 2 years of child support left, how would that effect CS, Or not

2 yrs of college left, and I got lucky with stocks, can I keep that away from $ hungry Ex. Or not?

Richard Diamond
Richard Diamond answered on Dec 16, 2021

Let me start off by congratulating you on your stock market success. My next suggestion is to immediately pay off all taxes due on the gain realized from the 5 million, so that the amount in your account is "net income". Next, understand that child support is always subject to... Read more »

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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a 16 year old move out of their house to live with their grandparents with consent of only one parent?

If a 16 year old's mom gives permission for them to move into their grandparents house, but their father doesn't, do they need both parents permission, or can they move out with only their moms permission.

Richard Diamond
Richard Diamond answered on Dec 9, 2021

As a parent, your question troubles me and the short answer is that there is no good answer to this question. I presume that you are having trouble with one or both of your parents and you are looking for space away from your current home setting. Presuming im correct, the 1st question is what the... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: If I put a restraining order on my wife would she not be able to receive her cosmetology state license?
Richard Diamond
Richard Diamond answered on Dec 8, 2021

That is an interesting question.

Our office handles a tremendous number of domestic violence matters each year (on behalf of those seeking to obtain restraining orders and an equal amount of those accused of domestic violence) and I know that certain licensing ( ie lawyers license to...
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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: My daughter’s dad revealed how his mom was murder while watching her years ago. She’s not the same what I need to do?

She just turned 10 and still has her child mentality. He told her everything even with details, she’s been crying and down since she came back from her dad’s house. He didn’t even prepare her or made sure to keep an eye on her and her emotions. She’s not my little happy girl anymore and... Read more »

Richard Diamond
Richard Diamond answered on Dec 7, 2021

My guess is that your daughter asked her father something about his mother or how she died, and he responded, telling her the details. You and I were not present when that conversation took place or even if he suggested to her that she may not want to hear the details, but the bottom line is that... Read more »

1 Answer | Asked in Estate Planning, Family Law, Legal Malpractice and Probate for New Jersey on
Q: Can the lawyer(s) of an estate representative be held accountable for allowing representative to breach fiduciary duty?

Taxes for a property of the estate has not been paid for over a year resulting in a tax sale being issued on the property. I have reached out to the counsel of the estate representative to inform them of the unpaid tax and tax sale notices multiple times and they have ignored my messages.... Read more »

Richard Diamond
Richard Diamond answered on Dec 7, 2021

This is not a family law question and should be answered / directed to an estate lawyer to guide you on your rights in addressing the obligations of those responsible for administration of the estate.

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: A private investigator positioned a camera on a telephone pole across the street from my home for 6 months taking photo

Into my bedroom window and now it’s being used as evidence in a court case against my girlfriend for a cohabitation was it legal to be videotaped and/or photographed in this manner

Richard Diamond
Richard Diamond answered on Nov 30, 2021

Lets assume that the investigator did not have permission to place a device on the telephone pole across from your home, the report and the photos taken by the investigator are still relevant to the issue of cohabitation and relevant to her former husband's alimony obligation to her (presuming... Read more »

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3 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: I have a temporary restraining order on my son's dad. He is asking in a roundabout way to spend 3 hours with our son.

In the TRO I was granted full custody of our son until we had the final restraining order. Our son's birthday is in a few days and he is asking for 3 hours with him. What legal recourse would I have if he didn't return him back to me?

Richard Diamond
Richard Diamond answered on Nov 29, 2021

You are asking the wrong question. You went to court to get a restraining order because of your fear of your ex, which temporary restraining order including a restraint on his contact with your son. Now, you want to agree to permit him to spend several hours with your son on his birthday but to do... Read more »

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2 Answers | Asked in Child Custody and Divorce for New Jersey on
Q: Thank you very. Could you list the items that both spouses should review and decide on before filing.

Such as division of assets, division of roles and responsibilities related to custody of children, etc.

Richard Diamond
Richard Diamond answered on Nov 21, 2021

I cant because I have no idea what issues are outstanding in your matter or what issues could be raised by either of you in a divorce matter without having a consultation with you or your spouse. To do otherwise, invites disaster. My suggestion is that you or your spouse should have a consultation... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What’s the process of filing for a divorce in Union County NJ. Timelines, pricing etc. thank you
Richard Diamond
Richard Diamond answered on Nov 19, 2021

I dont want to come off disrespectfully, but no lawyer can answer the question without having a clear understanding of the issues outstanding to help determine a fair timeline for resolution of your case. As a simple example, if you and your spouse have a clear written agreement resolving all... Read more »

3 Answers | Asked in Criminal Law, Divorce and Family Law for New Jersey on
Q: Can you be around an individual who was granted a final restraining order by the court?

My friend's ex-wife has a final restraining order against him. Their daughter will be getting married next year and he wonders if he will be able to attend and walk her down the aisle.

Richard Diamond
Richard Diamond answered on Nov 12, 2021

The short answer is that without a consent order permitting both of them to be at the same function together, it is a violation of the restraining order and he can be arrested and criminally charged. My suggestion is that he ( through counsel or through a mutual acquaintance) reach out to the ex... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: i have a question about name change in new jersey

My birth certificate has a first , middle and last name. I have always used my middle name as my given name. I am now having problem with an institution that is insisting on using my first name on my birth certificate as my given name and only a initial for my middle on very important documents.... Read more »

Richard Diamond
Richard Diamond answered on Nov 10, 2021

I understand your inquiry but in filling out the forms for the institution, your first name will be identified as "S" and most forms only list the middle as an initial, so the document obtained from this institution may end up looking like S M Doe. Maybe the solution is to hyphenate your... Read more »

1 Answer | Asked in Child Support for New Jersey on
Q: I’m 24 and my Dad some how with a friend got out of child support when I was about 3. Is it possible for me to claim?

I was only about 3-4 and he had a friend or family “remove” him. Not sure about the details on that and I was recently told this. Id like to find a way to claim or sue. It’s not fair he found a loopholes and id like to know if I could also sue by him having friends in the inside.

Richard Diamond
Richard Diamond answered on Nov 5, 2021

I think that you have been given incorrect information. Everyday, people file applications with the court system claiming that someone is the father of their child. In response, the court system can require that person to submit to a paternity test to verify that they are the biological parent.... Read more »

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