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Questions Answered by Richard Diamond
3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: need to modify divorce decree and we both are in agreement. she was granted half my pension but now doesnt want it
Richard Diamond
Richard Diamond
answered on Apr 11, 2022

Not sure why your former spouse has agreed to now waive her claim to share in your retirement benefit but if she is willing to do so, you need to have an amendment drawn up to your settlement agreement reflecting the formal waiver of interest to share in the plan. Simply telling your plan admin at... View More

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3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: How do I sell a marital home in NJ without the spouse being in the country?

My wife and I are separating and she will be moving out of the country. What documents do I need to get her signed before she leaves so I can sell the house later? Is there a possibility to remove her name from the deed?

Richard Diamond
Richard Diamond
answered on Apr 10, 2022

If you and your spouse have agreed to divorce and she has agreed to permit you to list and sell the house ( and potentially retain the proceeds from its sale), then you and she should enter into a written agreement formalizing all of the details of your divorce agreement, including the terms... View More

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1 Answer | Asked in Family Law for Pennsylvania on
Q: in the state of PA how can i get my moms belongings from her partner and he is not letting us in house
Richard Diamond
Richard Diamond
answered on Apr 7, 2022

Im sorry by I am a New Jersey family law attorney and cannot give you advice on how to address an issue involving a dispute in Penn. Please direct your inquiry to a Penn lawyer.

1 Answer | Asked in Family Law and Immigration Law for New Jersey on
Q: Reply by Mar 31.What impact does the decision of the U.S. Department of Homeland Security - U.S.C.I.S. In other words,..

What, if any, evidentiary weight should a New Jersey Superior Court judge give to the federal agency’s revocation of its prior approval of Decedent’s Petition for Alien Relative based on its finding that the marriage between Respondent and the Decedent was a sham marriage?

Richard Diamond
Richard Diamond
answered on Apr 3, 2022

Based on the limited information provided, I presume that you are in the process of a divorce or contemplating a divorce and trying to figure out whether a sitting NJ Superior Court family part judge is required to view the marriage as a sham as well for the legal issues presented / to be... View More

1 Answer | Asked in Family Law for New Jersey on
Q: Hello i wanted to know, if my 18 yr old niece still in high school can legally leave her father's house and move with me

So my niece has been going through it at her father's house as far as mental abuse, body shaming from her father's immediate family, verbal threats and controlling. She has to do everything in the home for everyone. It has started messing with her ability to focus on school. She has... View More

Richard Diamond
Richard Diamond
answered on Apr 3, 2022

The first question is where is her mother? Presuming that her mother is not in the picture before you commit to taking your niece into your home, you need to have a heart to heart with her about the ground rules and your expectations of what you expect her to do while living in your home. I would... View More

3 Answers | Asked in Divorce for New Jersey on
Q: My wife is planning to leave the country for good with out giving me divorce. How do I get divorce?

My wife is planning to leave the country for good with out giving me divorce. I still have time to serve her divorce papers. If she leaves the country and never returns after I serve the papers, will the court grant me divorce in her absence?

I have 3 kids, and we own a house. She... View More

Richard Diamond
Richard Diamond
answered on Apr 3, 2022

You need to meet with a divorce lawyer now. Proceeding with a divorce by way of default has its complications especially since she was present in New Jersey after you filed for divorce and there are issues as to the distribution of assets, child support and custody of the children to be determined.

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2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Internet Law for New Jersey on
Q: How do 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. It's only legal when you are a child, but when you... View More

Richard Diamond
Richard Diamond
answered on Apr 1, 2022

In your question, you state that you spoke with a lawyer, who told you that what your mother did was an invasion of privacy and potentially criminal as well.

You also state that you did your homework and are confident in the outcome of a lawsuit. against her for her actions.

If...
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2 Answers | Asked in Divorce for New Jersey on
Q: What if my wife is refusing to sign divorce papers and has no address to send them to. Can I get it by default?
Richard Diamond
Richard Diamond
answered on Mar 31, 2022

Proceeding with a default judgment application is not simple and if done wrong, you can end up wasting a tremendous amount of time and energy chasing your tail.

If you have filed a complaint for divorce and have asked your wife to sign the acknowledgement of service form and she refuses,...
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2 Answers | Asked in Divorce for New Jersey on
Q: Can I reopen my divorce based on fraud if my ex-husband lied about the value of our business, I have 100% proof.

Our business was worth millions of dollars. The PSA stated the business was to be sold for 1 million and we were both to receive $500k, along with me receiving $375k in lump sum alimony. I was ordered to sign my stock over to his attorney which was to then be sold.

After I signed over my... View More

Richard Diamond
Richard Diamond
answered on Mar 29, 2022

Over the course of my career, I have taken close to a dozen cases back to court (post-divorce) to seek to set aside the support and or equitable distribution terms of their settlement agreements based on unconscionability and/or fraud. The most complicated matter was a case from a few years ago,... View More

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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Can the court make you take classes over one incident between the parents?

Parents had an argument mother had a few drinks mother was arrested now we are bad Parents?

Richard Diamond
Richard Diamond
answered on Mar 23, 2022

Mother had been drinking and while intoxicated, mother and father had a fight, resulting in the police being called to your home. As a result of their observations/complaint by the father or another who was present, the mother was arrested - presumably for assault. I don't know if a domestic... View More

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3 Answers | Asked in Family Law for New Jersey on
Q: How valid is a verbal agreement?

Got a property on a deal and put title on my ex wife name while we were still living together.Did almost all renovations and maintenance for 15 yrs.Deal with her was that after refinancing mortgage into her name she would add me to title.She agreed.She claims recently that the property belongs to... View More

Richard Diamond
Richard Diamond
answered on Mar 18, 2022

You need to meet with a family law attorney immediately. It sounds like your ex has forgotten the terms of your deal and since title is in her name alone, you have an uphill battle to prove any ownership interest. Presumably, you will need to file a lawsuit against her to assert various equitable... View More

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1 Answer | Asked in Child Custody for New Jersey on
Q: Can a student court ordered weekly joint custody be picked up and dropped off each week at the ordered residence.

School district transportation. Each court ordered parent lives in the school district.

Pemberton Township School District, New Jersey.

Richard Diamond
Richard Diamond
answered on Mar 18, 2022

I think what you are asking is whether your court order can require the school district to pick up / drop off your child at your bus stop on your parenting days and pick up / drop off your child at your ex's bus stop on his / her parenting days? My experience is that most (most if not all)... View More

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: Is it possible have Driver's license suspended for child support arrears be restored before arrears are paid in full

On a schedule payment plan since 2009

Richard Diamond
Richard Diamond
answered on Mar 16, 2022

As a result of your arrearage obligation, your driver's license was suspended. If you have been on a specific payment plan for an extended period of time and you are in compliance with your payment obligation (making every payment in a timely fashion with no missed payments), then you can... View More

1 Answer | Asked in Child Support for New Jersey on
Q: Can I put in a motion to the court to get a child support judgement removed if my ex wife is deceased no administrator?

I put in a second motion to get the child support judgement removed on a closed child support case. I do not owe any arrears on this case. My first motion was denied because my ex wife is deceased and I was informed to send the paperwork to her administrator of estate. I then did a second motion... View More

Richard Diamond
Richard Diamond
answered on Mar 15, 2022

You need to meet with a divorce and family law specialist or presumably, you will continue to go round and round with the legal process since you are not understanding the issues outstanding. There was an order outstanding for the payment of child support against you. That payment was to address... View More

2 Answers | Asked in Domestic Violence for New Jersey on
Q: I had a domestic violence incident and I told the police that he chocked me which he didn’t.

The police said I would have to talk to the prosecutor when we go to court. I’m worried that my husband will go to jail.

Richard Diamond
Richard Diamond
answered on Mar 11, 2022

My suggestion is that you speak with a criminal law attorney now since you are suggesting that the substance of your original police report and the contents of your domestic violence complaint may be false.

If you filed a domestic violence complaint based on a claim that your husband...
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1 Answer | Asked in Divorce for New Jersey on
Q: My husband abandoned myself and our daughter. How do I file for divorce

How do I file on the grounds of abandonment, verbal abuse and infidelity?

I am disabled and collect social security permanent disability

Richard Diamond
Richard Diamond
answered on Mar 9, 2022

If you wish to proceed pro se, go down to the family intake office in the county courthouse in your county and ask for a pro se package - which will include a form complaint for divorce and instructions on filing. You can also go to the state judiciary website and search for the pro se package, and... View More

1 Answer | Asked in Family Law and Federal Crimes for New Jersey on
Q: My parents are withholding my mail from me, isn’t that illegal?

I was living with them temporarily for 6 months, they asked me to leave and I’ve been out since February. I have USPS they send me emails about mail coming in. I have mail that was delivered to their house I’ve messaged them multiple times about retrieving my letters without a response. I... View More

Richard Diamond
Richard Diamond
answered on Mar 9, 2022

Ask a neutral 3rd party to go to your parent's home and have that person ask your parents to give him / her your mail. I presume that it is safe to say that you and your parents are not on good terms at present and have no intention of communicating with you or responding to your emails. If... View More

2 Answers | Asked in Family Law for New Jersey on
Q: I am a non custodial parent in New Jersey. What forms do I need to file if I move out of state?
Richard Diamond
Richard Diamond
answered on Mar 8, 2022

I presume you are planning to move out of state and looking to put in place a new parenting time plan? Easiest would be if your ex (primary custodial parent) is in agreement with your parenting time plan proposal after your move -f so, you and she can write out the plan identifying the pick up /... View More

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2 Answers | Asked in Child Custody for New Jersey on
Q: Can a parent lose possibility of custody for withholding the child from the mother before a court hearing ?

My sons father moved to another city in New Jersey and has not let me see my son for two months, brought him to me for one night and when he did I noticed bruises on both sides of this thighs. When I gave him back Sunday he then blocked me from all social medias, phone numbers and my family as... View More

Richard Diamond
Richard Diamond
answered on Mar 7, 2022

I presume that your ex is the one who left for another state with your son? And I presume that he left to move to another state without a court order or written agreement with you permitting him to move to another state with your son? If nothing else, his actions (if done without a court order or... View More

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1 Answer | Asked in Family Law and Child Custody for New Jersey on
Q: Joint Custody for grandchild. No legal issues or court orders.

Mother has full custody/father gave up his rights. There are no issues. Child has been in our care since birth. Mother was a teen at time so we helped raise child. I’ve always been primary caregiver to child who is autistic on lower end of spectrum. Mother, in best interest of child allowed me to... View More

Richard Diamond
Richard Diamond
answered on Mar 3, 2022

I mean no disrespect but I'm not sure I understand the question. At the time of the birth of your grandchild, your daughter was a teenager and because your grandchild was on the spectrum, you handled a tremendous amount of the day-to-day responsibilities of raising your grandchild and you have... View More

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