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Questions Answered by Richard Diamond
2 Answers | Asked in Domestic Violence for New Jersey on
Q: In NJ if a judge adjourns 60 days to get anger management. But I only need 4 hrs. Can my case be seen sooner?
Richard Diamond
Richard Diamond answered on Apr 7, 2021

Your ex filed a domestic violence complaint against you and alleged that you have anger management issues. After taking testimony on her complaint, I am guessing that the judge ruled against you and as part of his ruling, required you to attend anger management. I dont know if the judge limited the... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: Interstate: California has Jurisdiction over divorce, filed first there. NJ just issued a dissolution. Where do I start?

I filed first in California 8/14/17. He filed in NJ in June 2020. NJ has jurisdiction over division of assets and custody but CA retained jurisdiction over status of divorce. He would not agree to settlement, so we had not moved forward with divorce. Judge issued dissolution without ordering us to... Read more »

Richard Diamond
Richard Diamond answered on Mar 29, 2021

The issue of jurisdiction occurred on a regular basis... but there are a few issues that need to be sorted out.

1. If you filed first in California, did you then have him personally served with California complaint for divorce and if so, when did service of process of that complaint take...
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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Hello. I have a civil restraining order with my ex husband and he is not following it and I would like to make changes t
Richard Diamond
Richard Diamond answered on Mar 29, 2021

Start off by writing him through email or text, telling him that you feel that he is not honoring the terms of the civil restraining order and that if he violates it again, you will be forced to file a new domestic violence complaint against him and you will use his ongoing violations of the civil... Read more »

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2 Answers | Asked in Family Law and Social Security for New Jersey on
Q: Can my parents kick me out at 17 if I have aspergers and they use me for income

I’m 17

Richard Diamond
Richard Diamond answered on Mar 29, 2021

Obviously there are serious problems / conflict in your house that needs to be addressed. I would run an internet search on family crisis intervention programs in the county where you live in to find out what mental health services are available to you to help in dealing with the fight taking place... Read more »

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1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: If a springing general durable power of attorney and a general durable power of attorney were signed at the same time.

Which poa should be followed

Richard Diamond
Richard Diamond answered on Mar 25, 2021

A “springing power of attorney” is also referred to as a “conditional power of attorney”, which is a power of attorney that is activated after certain conditions are met - typically when the principal becomes disabled or mentally incompetent. However, it could also be used when someone is... Read more »

1 Answer | Asked in Family Law and Legal Malpractice for New Jersey on
Q: In order to have somebody legally incapacitated, does a physicians exam need to be done for that specific reason?

Can a physician use an exam from 7 months ago, that was performed for another purpose, to declare somebody incapacitated

Richard Diamond
Richard Diamond answered on Mar 19, 2021

I dont know what purpose you are looking to have someone viewed as incompetent or incapacitated, but it sounds like it is either an estate issue or a medical malpractice issue and in either setting, you should meet with a certified specialist by the NJ Supreme Court. When running a google search,... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: Divorce has dragged on for 3 years, getting ready for trial. What date do you fill out for assets on CIS?

Date of filing or current value of retirement?

Richard Diamond
Richard Diamond answered on Mar 19, 2021

Under our court rules, once the complaint for divorce has been filed and the other side files his / her Answer to the complaint, both sides are required to file certified case information statements certifying as to all of his / her / joint assets and liabilities with values for each item and... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: In 2002 i got married in ny. Dv left 2005 no contact since. Moved to nj. Can i get divorced still?

I was too scared. He is an illegal immigrant and dont know his whereabouts.

Richard Diamond
Richard Diamond answered on Mar 17, 2021

Short answer is yes and since you live in New Jersey and have lived in New Jersey for more than 1 year, you can file a complaint for divorce in New Jersey.

Presuming you cannot locate your spouse and your lawyer conducts a reasonable investigation to try and locate him ( in accordance with...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for New Jersey on
Q: What are my options for using the red flag law in nj against my husband? He has been using drugs, and making suicidal

My husband has been using drugs, and acting erratic. He's made suicidal references. He is diabetic and not taking care of himself. He has called our small children curse words. I want to know, since he owns MANY guns, in a safe I have no access to, how and what anonymous actions I can take to... Read more »

Richard Diamond
Richard Diamond answered on Mar 17, 2021

1. I would write down the specific behavior changes you have noticed with your husband in the past 6 months and how those changes have become more erratic ( and using specific examples with dates and time if possible) and why that behavior is causing you fear for your husbands actions having access... Read more »

1 Answer | Asked in Domestic Violence for New Jersey on
Q: Can civil restraints be used to prevent someone from being able to purchase firearms?

I'm debating whether or not to drop a restraining order against an abusive spouse in favor of civil restraints, because an FRO could create financial strain on our whole family. One thing I'm concerned about is his ability to purchase firearms, however. He has been violent before, but... Read more »

Richard Diamond
Richard Diamond answered on Mar 15, 2021

If I were you, the only way that I would dismiss the protections provided to you under the domestic violence laws would be with the entry of a lengthy, detailed consent order ( not an agreement but a court order under a different docket number), which provided you specific protections, including... Read more »

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Looking to prepare a response to motion for enforcement of litigants rights.

Looking for any advice and insight on response to motion: any advice on content, format, links to helpful sites, etc.

Richard Diamond
Richard Diamond answered on Mar 15, 2021

So.... your ex has filed an application with the court for enforcement of a prior court order or agreement on an issue involving custody, parenting time, alimony, child support and or related expense items for children, support arrears, college selection or the college costs, or with regard to the... Read more »

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3 Answers | Asked in Divorce, Immigration Law, Civil Rights and International Law for New Jersey on
Q: Hypothetically let's say an immigrant married a US resident, and planned on creating a life here in the US together.

However the immigrant through time and lifestyle choices and even personal relationships, no longer felt the relationship they were in was feesable for them and the US resident to remain as a couple.

However the immigrant has a job and a life that they enjoy as well they may have even... Read more »

Richard Diamond
Richard Diamond answered on Mar 8, 2021

This is an immigration issue and best directed to a lawyer who specializes in immigration law.

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1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: I live in NJ and my kids live in TN. The divorce and parenting plan were made in TN. Is it valid if they move out of TN?

My kids and their mom are moving out of TN to Georgia and I currently live in NJ. Is the parenting agreement that was made in TN regarding travel and child support still valid in another state?

Richard Diamond
Richard Diamond answered on Mar 2, 2021

Not a simple question since you are telling me that your ex and the children are planning on moving out of Georgia.

If they were staying in Georgia, under the “Uniform Child Custody Jurisdiction and Enforcement Act” (UCCJEA), Georgia would retains control over your children. But if no...
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2 Answers | Asked in Family Law for New Jersey on
Q: What do I need to know about getting a legal name change?
Richard Diamond
Richard Diamond answered on Mar 2, 2021

Presuming that you are over the age of 18 and presuming that you are not trying to hide from creditors or because of a bankruptcy or criminal prosecution or because of any illegal reason, changing your name is not a difficult process but it does have a number of steps that need to be followed since... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: My out of state ex has ignored court order to pay $80k in child support arrears. How can I get Judge to charge a felony

He was Ordered to pay me $80k by November 15th 2020. He ignored Order. He is self employed and a multi millionaire. His arrears are now $100k+ child support garnishes him approximately $3k a month

Richard Diamond
Richard Diamond answered on Feb 24, 2021

The family part judge is not going to criminally charge your ex with a felony for nonpayment of support but a family part judge does have a host of other tools available to him to address your ex's noncompliance with his support obligation and arrearage obligation. My suggestion is that you... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: Is it a bad idea to switch to another lawyer after divorce to file a QDRO? How is that done or can you do it on your own
Richard Diamond
Richard Diamond answered on Feb 24, 2021

The short answer is that you should have a lawyer handle the QDRO issue instead of attempting to handle it on your own. Presumably your divorce agreement says that the plan is to be divided with you getting X% and your former spouse getting Y% of the marital portion, applying the Marx coverture... Read more »

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1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: children are covered through the state by the mother for health. Will the medical support notice be sent to my employer?

We had a mutual agreement she would

Get them covered through state but order states I’m responsible does the child support agency look

Up

If they are covered before they send out notice?

Richard Diamond
Richard Diamond answered on Feb 15, 2021

If you and your ex had an agreement as to coverage for the children but the order entered by the judge hearing the child support issue entered an order requiring you to provide health insurance coverage for the children, then you need to file an application with the court immediately to correct... Read more »

2 Answers | Asked in Child Custody and Legal Malpractice for New Jersey on
Q: Is a judge in possesion of evidence in a case he is presiding over legally bound to present it in court
Richard Diamond
Richard Diamond answered on Feb 11, 2021

The short answer is No.

Everyday, during the course of trials and during the course of motion practice, parties seek to introduce materials that they want to use in court proceedings and everyday, judges are required to make rulings as to the "admissibility" of that material....
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1 Answer | Asked in Child Custody for New Jersey on
Q: How to file for joint custody if I don't know where my child lives in another state
Richard Diamond
Richard Diamond answered on Feb 5, 2021

1. When was the last time that you saw your child?

2. Is there a court order in existence that acknowledged you as the biological father of the child?

3. If an order is in existence, was it entered by the court in New Jersey or by a court in another state?

4. Do you...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Can you get custody of a child if the father has assaulted the mother but not the child in the state of New Jersey?

I lived with my boyfriend and father of my youngest child until he recently hit me and threw a remote control at my older child’s face (child from a previous relationship). My ex boyfriend has assaulted me on multiple occasions, but has never hit our child. Do I have legal grounds to get custody... Read more »

Richard Diamond
Richard Diamond answered on Feb 2, 2021

This is not the type of question that any family law attorney can or should answer over a message board. You need to sit down with an attorney who specializes in child custody litigation matters to talk about your respective roles in your child's life and any incidents of physical violence (... Read more »

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