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4 Answers | Asked in Family Law and Immigration Law for New Jersey on
Q: If USC refuses to go the i751 interview?

ONLY FOR IMMIGRATION LAWYERS

My USC husband might refuse to go the interview because we filed jointly but he has been cheating that I found out about later. I confronted him but a few months ago when I confronted again he got mad and said he will divorce me soon. Didn't do anything its... View More

Richard Diamond
Richard Diamond
answered on Nov 3, 2021

This issue is better addressed by an immigration attorney. The laws and regulations governing immigration into this country have changed significantly in the past year or so and an immigration lawyer able to answer your questions.

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1 Answer | Asked in Child Support for New Jersey on
Q: When do child support liens get taken?before board approval?or after board approval?
Richard Diamond
Richard Diamond
answered on Oct 25, 2021

Not sure I understand your question but when a child support order is entered by the court and paid through the county probation department, if payments are not made, then periodically, the probation department will seek to have that amount of arrears reduced to judgement and it will show up as a... View More

2 Answers | Asked in Child Custody for New Jersey on
Q: Is it required for a parent to be considered ‘primary’ in NJ if it is 50/50 custody and both parents are fit?

If both parents are in agreement to have mutual custody is it possible for neither to be deemed ‘primary’

Richard Diamond
Richard Diamond
answered on Oct 25, 2021

You NEED to sit down with a certified divorce lawyer to explain to you the legal significance of the terms used in a custody and parenting time agreement / order. Please do not think that you can simply read the document and understand the meaning of those terms - too many people who come in for a... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Sexual Harassment for New Jersey on
Q: Is a confession valid if my accuser coerced me into making it?

someone accusing me of sexual assault secretly recorded me and coerced me into making a confession for a crime I did not commit. He started screaming and me and threatening to report me to authorities. I feared for my safety so I just told him what he wanted me to say to get him to leave. Is this... View More

Richard Diamond
Richard Diamond
answered on Oct 25, 2021

Sounds like you need to sit down with a criminal law attorney immediately to discuss the totality of the circumstances presented. This is a setting where you need guidance from an experienced criminal law attorney to determine what path is best for you instead of simply waiting for criminal charges... View More

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1 Answer | Asked in Family Law for New Jersey on
Q: I need to know who runs a background check when the court does an appoint a supervisor for supervised visiyi

I just need to know if I can go and pick up my daughter as the court order states even though my daughters father refuses to agree on anything with me and is stalling to make me miss all my visits with my child and I haven’t seen her in over two months he also confiscated her phone so we cannot... View More

Richard Diamond
Richard Diamond
answered on Oct 21, 2021

Your ex has court ordered physical custody of your daughter and there is an order in place giving you supervised parenting time with your daughter and the issue outstanding focuses on who is qualified to be the supervisor for your parenting time. Im guessing that the order for supervised parenting... View More

1 Answer | Asked in Family Law for New Jersey on
Q: How do I find out what my case number is for a Family Court Custody matter in Ocean County, NJ?
Richard Diamond
Richard Diamond
answered on Oct 13, 2021

If you or your spouse filed a divorce or custody complaint with the court system in NJ, the document would have a docket number on it next to the caption starting with FM- or FD- ____. That is your case number and whenever you file anything with the court system, you must reference that docket... View More

1 Answer | Asked in Family Law for New Jersey on
Q: What is my liability in this case? Do I need a lwayer?

Good morning. I purchased a house in NJ back in 2001. My girlfriend, who lives with me gave me some funds at the time, but the house is in my name. She had a stroke back in 2017. She has been in three different nursing facilities in order to help her out. Now she is at home (with aides coming... View More

Richard Diamond
Richard Diamond
answered on Oct 12, 2021

You purchased a home in your name in 2001. To help with that purchase, your girlfriend put up money as well, which money presumably you never paid back. In 2017, your girlfriend had a stroke and is disabled as a result and requires assistance. Initially, she was in and out of 3 separate longer term... View More

1 Answer | Asked in Child Support for New Jersey on
Q: How can I transfer my ASUME PR case to where I'm leaving now? I'm currently in Elizabeth New Jersey.

My son's father owes a lot of money to child support. I've been leaving in New Jersey for over 3 years and haven't found how can I transfer my case. Please help. Thank You!

Richard Diamond
Richard Diamond
answered on Oct 7, 2021

I am going to presume that you have an existing probation department account elsewhere and your ex was obligated to pay his child support through that account.

Your ex was in arrears on his child support payments and owed you a lot of money.

You then moved to NJ 3 years ago, and...
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2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Does my ex have a case against me for violating our custody agreement?

I bought my son and myself ancestry.com kits for Christmas. It was something fun to do. A gift where we could find out more about our ethnicity. My ex was fine with it. She asked me to see if a certain person was listed on the site to see if there was a connection back in May. The other day... View More

Richard Diamond
Richard Diamond
answered on Oct 1, 2021

Being a divorce lawyer for the past 36 years, my gut tells me that there is much more to this story then simply a fun project with your son, so my suggestion is that you schedule a consultation with a family law attorney to review your actions and the concerns voiced by your ex.

I had a...
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2 Answers | Asked in Divorce for New Jersey on
Q: Is it possible to divorce my husband in the US if we were married in Europe? We are green card holders for 3 years.
Richard Diamond
Richard Diamond
answered on Sep 30, 2021

If you have lived in New Jersey for more than 1 year, NJ can have jurisdiction over your divorce. My suggestion is to sit down with a divorce lawyer and discuss whether NJ is the best place for the divorce to take place or whether there are other options available to you.

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2 Answers | Asked in Civil Litigation and Family Law for New Jersey on
Q: WHAT IS THE PROCESS WHEN YOU SUBMIT A MOTION TO FAMILY COURT BY CERTIFIED MAIL & THE COURT NEVER ACKNOWLEDGES IT?

Together 10 yrs, married 5. Wife did not work last 2 yrs . She abandons myself, my oldest son & takes our 2 children in march 2019, removes our daughter from school w/o my knowledge & placed both children in daycare. Never told where etc. Files for divorce in may, I mailed answer &... View More

Richard Diamond
Richard Diamond
answered on Sep 30, 2021

Not sure what the outcome of your wife's domestic violence complaint was - but the outcome of that proceeding is critically important to the current status of your divorce matter and the status of your custody proceeding. If nothing else, you need to sit down with a family law specialist to... View More

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Are family law divorce mediators required to get a license for each state he/she mediates?
Richard Diamond
Richard Diamond
answered on Sep 28, 2021

The short answer is that not all states require divorce mediators to be accredited. In fact, New Jersey is one of those states where there currently are no licensing requirements to simply hang out a shingle claiming to be a credible Divorce Mediator.

Notwithstanding the lack of state...
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2 Answers | Asked in Family Law for New Jersey on
Q: Does NJ recognize or uphold a Postnuptial Agreement?

If the couple wishes to have separate finances but to raise their child together (so that the child doesn't have to go to 2 houses) until he goes off to college, can they stipulate to file a divorce then? Thanks!

Richard Diamond
Richard Diamond
answered on Sep 28, 2021

If you have a valid pre-nuptial agreement, then you can modify its terms with a post nuptial agreement. But, if you do not have a valid pre-nuptial agreement, presume that your post nuptial agreement will be viewed as invalid.

That being said, I have drafted divorce settlement agreements...
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4 Answers | Asked in Contracts, Criminal Law and Divorce for New Jersey on
Q: How do I evict my husband if he is doing drugs and stealing from my minor children
Richard Diamond
Richard Diamond
answered on Sep 21, 2021

Probably your best option is to sit down with a divorce lawyer and discuss your options to get your husband removed from the house / restraints on his contact with the children.

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1 Answer | Asked in Child Support for New Jersey on
Q: Married over 30 years. Youngest 2 of 6 children are Freshmen & Sr. in college. Hubby wants divorce but does not

want to pay spousal or child support for the 2 college kids. Now in my mid 50's, I have no income and we cannot afford divorce, as per multiple attorneys from previous consultations. About $100,000 equity in the house, $30,000 in 401K and he has $40,000 in separate personal account from... View More

Richard Diamond
Richard Diamond
answered on Sep 20, 2021

I dont know if any of the lawyers you met with for consultation purposes were specialists, but presumably during your consultation[s], you discussed your employment history, your husbands current employment setting and your employment potential to determine what your husbands support obligation... View More

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I am an unemployed mom who's husband is now withholding his income, the household income, in an effort to

control me. Is this considered domestic abuse in NJ?

Richard Diamond
Richard Diamond
answered on Sep 16, 2021

If your spouse is refusing to provide you will support, you can file an application with the court for interim support. You can file it pro se and the intake person at the family court intake office can give you the forms to fill out. Fill out the information and then file your application. He will... View More

1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: Can my husband and I get a pro-bono lawyer in Morris Co., NJ for mediation for divorce if it's expected to take more

then 2 hours. When we had the mediation settlement panel thru the court, one of the attorneys was pushing for mediation and said it would probably cost over $5,000 and would take more than a few hours. We don't have alot of money or assets, in fact we were told from the beginning we... View More

Richard Diamond
Richard Diamond
answered on Sep 14, 2021

I have been a divorce lawyer for the past 36 years and it doesn't sound like the issue is the cost of the mediators involvement. Rather, it sounds like the issue is your husbands bullying and pressure tactics. The bigger problem for you is that mediation is a confidential process. The court... View More

3 Answers | Asked in Divorce for New Jersey on
Q: See below

I wa t to leave my husband of 20 year's and I'm a little concerned on how he will take it . He does have a temper. We have no children , but we have 11 acres of land with a 38 ft 5th wheel . We also have acquired lots of merchandise for the property . . We have a small savings and... View More

Richard Diamond
Richard Diamond
answered on Sep 14, 2021

The best way for you to decide on how to move forward constructively is to meet with a family law attorney - preferably a "certified matrimonial trial lawyer by the New Jersey Supreme Court", which is the designation given to only 2% of the lawyers in this state, who have demonstrated... View More

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1 Answer | Asked in Divorce for New Jersey on
Q: When do alimony payments start?
Richard Diamond
Richard Diamond
answered on Sep 10, 2021

Look at the court order or the agreement you entered into with your spouse. In the document, it should spell out the commencement date of the payments ( either directly or through probation). If it is not clear to you, then reach out to your lawyer to ask for clarification.

1 Answer | Asked in Child Custody and Family Law for New Jersey on
Q: Can someone on the child registry list not be supervised by other adults when the child lives there
Richard Diamond
Richard Diamond
answered on Sep 9, 2021

If someone is required to be registered on the "child registry list", presumably there is a court order in place identifying the restrictions imposed on contact with children and who is qualified to supervise. Start with that document and also speak with the probation department officer... View More

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