Get free answers to your legal questions from lawyers in your area.
How and what do I do to enforce the settlement.

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
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?

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
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

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... View More
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

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... View More
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

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
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

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... View More
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

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,... View More
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

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

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... View More
I reported my son to Child Protection Services in Hackensack, New Jersey, on December 7th for suspicion of child abuse. They disclosed my identity to him and in court papers, despite being told that my report would be confidential. Since then, my son has not allowed me to see my grandson and has... View More

answered on Mar 4, 2025
As a general statement, when someone makes a claim of child abuse to DCPP, it is viewed as confidential. I'm not sure what occurred in your setting and whether the DCPP rep actually told your son that you had reported him, or if your son guessed the reporting came from you and you then... View More
I am currently involved in an ongoing custody battle for my 18-month-old child. There was a drug test previously requested in the case, but the father refused to take it. Now that there is a new judge assigned to the case, I am concerned that the father might try to drug test my child at home... View More

answered on Feb 18, 2025
You said that the prior judge directed the father to submit to a drug test but that the father failed / refused to submit to the test.
Now, there is a new judge assigned to the matter and you are fearful that the father will privately drug test your 18 month old child.
I presume... View More
My ex was very abusive during our relationship. Both physical and sexual most of which I have proof of. He is very irresponsible and we often have issues because of him saying he is going to do one thing and doesn’t do it. I filed two TROs against him. One I dropped because I couldn’t find a... View More

answered on Jan 13, 2025
From your submission, you already filed a domestic violence complaint against your ex for the recent text messages and presumably, the matter will go to trial, during which presumably your ex will attempt to use that text against you in trial. My suggestion is that you schedule a consultation with... View More

answered on Dec 18, 2024
There are settings where one parent is willing to release the other parent from financial responsibility for the support of their child in exchange for the other parent's termination of relationship with the child (generally, when the other parent has a longer-term relationship, and that... View More
get a T.R.O on you and have me the homeowner (Disabled on a fixed income) removed from my home and put to the streets with nowhere to go while escorting this stranger into your home, granting all access to all your family valuables and private documents, the entire contents of your home as well as... View More

answered on Dec 13, 2024
I have no idea what happened to you but to have you removed from your home under a domestic violence temporary restraining order, the person had to appear before a local municipal court judge or a superior court judge and certify as to as specific facts, starting with the representation that he /... View More
Both girls were removed almost 2 years ago one of them is with the biological father the 2 year old is being bounced around and I her biological grandmother would like to have her here in Florida but my husband has these two thirty year old restraining orders . Can I still get her?

answered on Dec 11, 2024
It would be irresponsible for any family law attorney to give you a suggested answer to your question without a whole lot more information, especially since you said that you live in Florida and presumably the grandchildren live in New Jersey.
My suggestion is that you schedule a... View More
My sister recently died in a nursing care facility in NJ. Her husband deserted her two years previous and because of the uninhabitable state of the rented marital home that the landlord did not repair as well as her illnesses, she had to move to a facility. She could not drive or operate a... View More

answered on Dec 4, 2024
Depending on the status of the divorce matter, there may be a proper basis to undo his receipt of monies in her accounts but im not sure that the process and expense will be worth it, given the cost of retaining counsel, review of the status of the divorce matter, etc to justify the payment of a... View More
removed from NJ. On Nov 25 the adoption agency opposed decision as her guardian & ICPC and had her removed to live with adoptive parent in Georgia
How can they over rule judge's order?

answered on Dec 4, 2024
No competent lawyer worth his salt could answer your question without reviewing the underlying order and pleadings from the trial court and the submissions to the appellate court and its order and its statement of reasons. My suggestion is that you retain a family law attorney to review all of that... View More
Me and my coparent has joint custody and a custody agreement through a civil restraint. Not filed through family court. We have a 3-4 weekly schedule. My coparent just took our child on an out of state vacation that I did not agree to. The only guild lines that our agreement have are "As for... View More

answered on Dec 1, 2024
Probably the one thing that you and your ex need to do is print out the holiday schedule and identify the rotation between you and your ex. I presume that the holiday schedule includes Thanksgiving, which was on Thursday the 28th and probably, under the holiday schedule, it says that same starts on... View More
Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?

answered on Nov 21, 2024
The fact that the court system has told you that it does not have his application in the system (at this moment) does not mean that his application is a fake.
Presuming that he legitimately filed an application but failed to pay the filing fee or failed in any of a million other ways, the... View More
The car was bought for 45,000, with her contributing 30,000 and me contributing 15,000. Now that we've broken up, I intend to sell the car. However, since the car was originally purchased primarily for her work needs and still requires its use, we decided that she would keep the car and sell... View More

answered on Oct 29, 2024
Since there is no written agreement between you and your ex as to its current value, percentage ownership interests, usage, and what is to take place with the vehicle in the event you and your ex break up, you are in a grey area - since there is no right or wrong answer to your question.... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.