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Questions Answered by Richard Diamond
2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How to ensure fair division of marital home sale proceeds in NJ divorce?

I am going through a divorce in which the marital home has already been sold, and we are in negotiations regarding the division of assets. There is no court order yet, but the proceeds from the home sale are substantial. The plaintiff's lawyer is convincing my spouse not to agree on the... View More

Richard Diamond
Richard Diamond
answered on Jul 14, 2025

I dont know if your spouse's lawyer has legitimate reasons for seeking an unequal division of the home's equity or if he is simply taking that position because you are a pro se litigant but since he is suggesting to your spouse not to agree to an equal division, Im guessing that there are... View More

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3 Answers | Asked in Domestic Violence and Gov & Administrative Law for New Jersey on
Q: Impact of victim's input in a NJ parole hearing for domestic violence case.

I attended a parole hearing over the phone as the victim in a domestic violence case in New Jersey. I was instructed to prepare a statement, but I was not given the opportunity to read it; instead, I was asked specific questions during the 45-minute hearing. The parole officer's tone felt... View More

Richard Diamond
Richard Diamond
answered on Jun 28, 2025

Im sorry for what occurred and how you were made to feel, but you are better off asking a criminal law attorney who has been involved in parole proceedings his / her view on the impact of your response to questions presented. As a divorce and family law attorney, I handle domestic violence matters... View More

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3 Answers | Asked in Divorce, Child Custody and Family Law for New Jersey on
Q: How to move out of state with kids pending divorce in NJ?

In New Jersey, what do I need to move out of state with my children while my divorce is still pending? There is an existing parenting plan, but it's not yet finalized. The father has verbally agreed to allow me to move due to opportunities and a lower cost of living. However, there is no... View More

Richard Diamond
Richard Diamond
answered on Jun 25, 2025

The law in New Jersey changed radically a few years back concerning relocation by a primary custodial parent if the other parent objects. Under the new law, it's much tougher to relocate with the children since the focus is on the nature and quality of the relationship between the other parent... View More

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2 Answers | Asked in Domestic Violence and Civil Litigation for New Jersey on
Q: Seeking advice on obtaining a new restraining order after manipulation.

I previously had a final restraining order against my ex for domestic violence in New Jersey. Despite going no contact for 2 years, I ended up rescinding the order due to manipulation from my ex, who urged me to drop it to help his legal case. I've realized I was being manipulated and now feel... View More

Richard Diamond
Richard Diamond
answered on Jun 24, 2025

You will not like what I have to say.

The key to filing an application for a domestic violence restraining order / or seeking to reinstate a former restraining order is the presence of a current "predicate act" of domestic violence by him.

The fact that you felt...
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2 Answers | Asked in Probate, Child Support and Family Law for New Jersey on
Q: Does a NJ probate court order create a civilly enforceable judgment lien?

In 2007, the New Jersey Chancery Probate Court entered an order directing an estate to pay a child support judgment from 1980-82. The order was signed by a judge but not docketed in the NJ civil judgment system, and it doesn’t appear in the public Judgment Lien Search portal. The estate case... View More

Richard Diamond
Richard Diamond
answered on Jun 20, 2025

Im guessing that at the time of the entry of the probate court order, the dollar amount owed for child support was not known so that there was no filing with the judgment section as a judgment. I presume also that at some point after the entry of that order, someone sat down to calculate the amount... View More

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3 Answers | Asked in Family Law, Contracts, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Is it legal for my son's underage girlfriend to move in with us in NJ?

My almost 18-year-old son wants his 16 (almost 17)-year-old girlfriend to move into our home. Her single mother seems eager for her daughter to leave due to manipulative behavior. The girlfriend is graduating high school a year early and lacks financial means. I only have guardianship over my son.... View More

Richard Diamond
Richard Diamond
answered on May 29, 2025

Legal?

As an adult, its your house and you have the right to make the rules AND if your son and his girlfriend don't want to comply with your rules, you have the right to tell them its time for them to leave and start their lives anew elsewhere...... but that's the point...
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5 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New Jersey on
Q: Need legal advice regarding accusations against my son involving my granddaughter and police inquiry.

My son has been accused of something against my granddaughter. She initially wrote to the school saying it was a joke, but my daughter took her to the police after the school sent them there. Now, the police have contacted me requesting that I bring my son in for questioning. I need advice on how... View More

Richard Diamond
Richard Diamond
answered on May 13, 2025

I presume that the police want to investigate an allegation of sexual impropriety by your son against your daughter's child (grandchild) and potentially, they are looking to criminally charge your son with an offense. Alternatively, based on the information provided, the police are planning to... View More

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2 Answers | Asked in Family Law and Contracts for New Jersey on
Q: Will a notarized letter protect me from child support for sperm donation in NJ?

I am considering donating sperm to a friend in New Jersey without going through a licensed physician. We plan to have a notarized letter stating my lack of parental rights and responsibilities to avoid any future child support claims. I have no intention of being involved in the child's life.... View More

Richard Diamond
Richard Diamond
answered on May 9, 2025

I think the couple seeking the sperm donation are making a mistake, and for whatever money they save by not complying with the statute, it's not worth the risk.

I would also suggest that the statute does not require a medical specialist to handle the insemination procedure in a...
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3 Answers | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for New Jersey on
Q: How can I legally remove my adult son from my home in NJ due to alcoholism and refusal of help?

I need legal advice on removing my 50-year-old son from my home in New Jersey. He lives with us but has become an alcoholic, isn't working, and doesn't pay rent or have any lease agreement. Despite multiple discussions and offering financial help for treatment, he refuses assistance. Due... View More

Richard Diamond
Richard Diamond
answered on May 6, 2025

Let's talk parent to parent for a moment.

Legally, you get an order of the court as a result of a legal proceeding instituted against your son and then you serve it on the sheriff's department for enforcement to have your son removed and he refuses to leave.

Are you...
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5 Answers | Asked in Divorce, Contracts, Employment Law and Family Law for New Jersey on
Q: Disagreement with marriage settlement agreement and withdrawal for legal fees.

My husband wants a divorce through a marriage settlement agreement (MSA) that I disagree with. The MSA is in a rough draft and hasn't been officially served through the court system. I am currently allowed to withdraw from a deferred compensation for legal fees, which he seems to be targeting... View More

Richard Diamond
Richard Diamond
answered on May 1, 2025

To hire counsel, your husband paid a retainer. Presumably, he took the money to hire counsel from an account in which he has an interest (unless he borrowed the money from someone). For you to hire counsel, you will also need to pay a retainer and presumably, you will need to take money from an... View More

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3 Answers | Asked in Divorce, Child Custody, Child Support, Military Law and Family Law for New Jersey on
Q: Who determines child support through college when parents live in different states?

I was divorced in New Jersey, but I am now living in Pennsylvania as the custodial parent. The existing child support provisions are based on New Jersey state law. My children are 19 and 16, and the 19-year-old is enrolled full-time in college. There have been court order changes since the... View More

Richard Diamond
Richard Diamond
answered on Apr 24, 2025

Your question is covered by the Uniform Interstate Family Support Act (UIFSA) since it addresses the issue of a form of child support - college contribution. The issue is whether as a result of your move to Penn, does Penn law now apply to the issue of contribution for college, since the laws in... View More

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Ex spouse lives in different state ( Illinois) from where divorce was made(. Ohio) and I’m located in New Jersey.

How and what do I do to enforce the settlement.

Richard Diamond
Richard Diamond
answered on Apr 23, 2025

It depends on the issue outstanding. If the issue has to do with enforcement of child support or custody / parenting time, there are uniform laws applicable to determine which state has jurisdiction. If the issue has to do with equitable distribution, that is different issue and different rules... View More

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How is pension divided in NJ after 50-year marriage with pre-marriage degree and district-paid courses?

I am a retired teacher in New Jersey and have been married for 50 years. I earned my degree before the marriage, and the district paid for additional courses, which added to my pension. How is my pension divided during a divorce, considering these factors?

Richard Diamond
Richard Diamond
answered on Apr 19, 2025

Lets start with the fact that you were married for 50 year and presumably, 100% of your employment as a teacher occurred during your marriage. As to your education prior to your 50 years of marriage, its meaningless as to how a judge will divide up the pension benefits. As to your educational... View More

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4 Answers | Asked in Domestic Violence, Divorce, Employment Law and Family Law for New Jersey on
Q: Options to reverse or drop an FRO affecting my job and benefits in NJ?

I have had a Final Restraining Order (FRO) against me by my wife for 35 days during an ongoing 8-month divorce process. I am a law enforcement officer with 9 years of experience and the primary health insurance provider for my family. I received the FRO after a TRO hearing regarding turning off her... View More

Richard Diamond
Richard Diamond
answered on Apr 15, 2025

Anyone telling you that you are going to get a Carfagno hearing on dismissal of the FRO against you in the past year is pulling your leg or worse. What I dont understand is why are you telling me about the underlying reason for the issuance of the FRO (turning off her cell phone)?

You went...
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3 Answers | Asked in Domestic Violence, Child Custody and Family Law for New Jersey on
Q: Can I get a restraining order against my son's father and grandmother after they harmed my son?

I have a restraining order against my son's father since 2018. During recent parenting time, my mentally disabled 9-year-old son was strangled, punched, and beaten. His grandmother, who supervises visits, claimed she did this while trying to get him in the car. I called the police and have... View More

Richard Diamond
Richard Diamond
answered on Apr 3, 2025

You have the right to proceed with claims through DCPP, criminal prosecution through the local / county prosecutor's office, and through the court system using New Jersey's child abuse statutes - 9:6-1 - 9:6-3 & 2C:24-4.

Given what occurred, you "may" also be able...
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4 Answers | Asked in Domestic Violence, Civil Litigation and Personal Injury for New Jersey on
Q: What kind of attorney do I need as a victim of domestic violence in NJ seeking to press charges and pursue financial compensation?

I am a victim of domestic violence in Bergen County, NJ, and I want to press charges. There is a TRO filed for both parties involved, and we've only had an initial court date which provided a trial date. I have documentation and videos of the incident, and I am seeking financial compensation... View More

Richard Diamond
Richard Diamond
answered on Apr 2, 2025

Since the other side has filed a domestic violence complaint against you as well the one you filed against him / her, your best option is finding an experienced family law attorney who has TRIAL EXPERIENCE representing people in domestic violence trials and who knows how to put together a trial... View More

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Who gets the proceeds from the sale of the house in a divorce when initial purchase was from one spouse’s funds?

I'm seeking guidance on the equitable distribution of marital property during a divorce. My spouse and I lived together for three years before purchasing a house using money from my bank account, with the title initially solely in my name. We got married two years later and, seven years... View More

Richard Diamond
Richard Diamond
answered on Mar 29, 2025

The easy answer is that you should meet with a divorce lawyer for a consultation to discuss all of the issues outstanding in your matter BUT, without knowing anything more, candidly, you will lose this argument before a judge and the proceeds will be divided equally.

Here are several...
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4 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: How can I get domestic violence charges dropped in NJ?

I am being charged with domestic violence after a dispute with my fiancé that escalated, and I am not entirely sure of the exact charges. There was one witness to the incident, and there have been previous instances where the police were called due to my fiancé acting out of control. My fiancé... View More

Richard Diamond
Richard Diamond
answered on Mar 24, 2025

It sounds like there may be 2 separate components to your inquiry.

The first is the domestic violence matter which will have a return date before a superior court judge. In the complaint ( several pages back), it will list the return date. If your fiancé wants to dismiss the dv complaint,...
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2 Answers | Asked in Agricultural Law, Divorce and Business Law for New Jersey on
Q: Is my spouse entitled to my inherited farm in NJ after 43 years of marriage?

I inherited a farm from my grandmother about 50 years ago, and the farm is solely in my name. I have been married to my spouse for 43 years, and we live on the property together. Occasionally, we rent out one of the two houses on the property. There have been no loans or prenuptial agreements... View More

Richard Diamond
Richard Diamond
answered on Mar 7, 2025

While statutorily an inheritance is not subject to division in a divorce, there are a million exceptions to that can apply and this is where you need to sit down with an experienced family law attorney to examine the history of this property, any improvements, pay down of any mortgage obligations,... View More

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4 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Can a simple assault domestic violence charge be dropped?

I want to know if a charge for simple assault related to domestic violence can be dropped.

Richard Diamond
Richard Diamond
answered on Mar 4, 2025

I'm guessing you / your partner was criminally charged with simple assault through the police department, AND there was a domestic violence complaint filed as well through the municipal court judge or superior court judge sitting in the family part.

If my understanding is correct as...
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