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Spouse keeps on using delaying tactics in order to avoid our divorce to go to trial. It has been four years of this, what motions can I file so the judge knows what's going on. Spouse keeps switching lawyers and keeps filing false accusations against me in order to avoid the divorce to go to... View More 
answered on Jul 13, 2023
Between the pandemic and the shortage of judges in the New Jersey court system, many counties are experiencing terrible delays in getting divorce matters to trial. In fact, many counties are running about 3 1/2 - 4 years out from the date of the filing of the complaint for divorce for "real... View More
My parents were married in India but we've lived in NJ for the past 22 years. My mom told my dad (100% narcissist) recently that she wants a divorce and to move to CA with me. She and my sibling (we're mid 20s) immediately flew out to CA where I live, and my dad is losing it. Canceling... View More
answered on Jul 3, 2023
If your mother has lived in New Jersey for the past 12 months continually, New Jersey has proper jurisdiction for divorce purposes. The fact that your parents were married in India has nothing to do with jurisdiction for divorce purposes. Your mother can meet with a divorce lawyer for consultation... View More
I have a special needs son who lives there. She has a daughter there. What happens to me?
answered on Jul 3, 2023
You need to talk with a family law attorney who regularly handles domestic violence matters so that he can review with you the current status of the temporary restraining order (whether it has been dismissed or is still active) and if active, where she represented that she was living and whether... View More
I have been divorce in 12/2008. In 2015 I lost my job and was in foreclosure of my condo. My Ex-husband paid the amount owed on my condo and saved me and my daughter from losing our home. Our daughter will be a college freshman in September and he is using that money to be applied towards his... View More
answered on Jun 26, 2023
You wrote:
In 2015 I lost my job and was in foreclosure of my condo. My Ex-husband paid the amount owed on my condo
and saved me and my daughter from losing our home.
Now your daughter is in college and your ex wants to use the equity from the condo to help pay for the... View More
I recently took the mother of my possible son to cour to request, genetic testing. Because I signed his birth certificate, they denied genetic testing, and suggested we do it privately. Another gentleman did come forward and say the child was his. My question is because I am legally his father, am... View More
answered on Jun 26, 2023
I have no idea who you spoke with at the courthouse, but the fact that you signed the birth certificate does not mean that you do not have the right to contest paternity. The statute governing paternity proceedings specifically gives you the right to challenge paternity but doing it on your own has... View More
I had a 2005 DUI in New Jersey which was a traffic crime. It is only on my driving record but in 2021 I had 2 restraining orders 1 from my ex girlfriend in California court which was for 14 months and is now over and a permanent restraining order issued against me in New Jersey near the same time.... View More
answered on Jun 25, 2023
You need to talk with a lawyer who specializes in attorney ethics matters. Under our rules, if a lawyer is found guilty of domestic violence, it must be reported to the state ethics department. If the claim involved assault, a lawyer can be suspended from the practice or disbarred so I would... View More
After an argument between my wife and I over divorce discussions, I left the house and drove away. My wife called the police and reported domestic violence on the grounds I threatened to kill myself with a gun. When police arrived, guns were in locked cases. My wife surrendered them to the police.... View More
answered on Jun 16, 2023
By virtue of you asking the question, tells me that you cannot / should not represent yourself in your divorce matter since you are going down the wrong path.
When ANYONE files a domestic violence complaint, the 1st question the police ask is whether the person accused of domestic... View More
I have been married for 5 years, and my husband has not been responsible with our finances. He put me in a big debt with ezpass tickets, not paying the car note, and late in rent. Always lies about money and I have not idea what he does with his time. We agreed to get a divorce, he refuses to pay... View More
answered on Jun 15, 2023
If you want to file for divorce in New Jersey, you can file based on irreconcilable differences or you can file based on extreme cruelty ( detailing the information listed above) or you can file based on both claims. The problem is that regardless of the cause of action for divorce, they will not... View More
He moved out and I am in possession of the home but he’s still on the deed and mortgage. He only wants his half if I sell it or someone moves in. Can he legally demand half if I move someone in to help pay for the mortgage? I understand he gets half if I sell but if I need help paying and he... View More
answered on Jun 15, 2023
I dont think you will be surprised with my answer - it's impossible for any lawyer to give you credible advice based on the information provided.
You need to stop taking legal advice from your ex and you need to schedule a consultation with a lawyer to discuss your divorce matter and... View More
My aunt has power of attorney over my grandfather. He is pretty healthy and of sound mind. She decided that they are selling his house and moving him. Are their ways to stop this?
answered on Jun 12, 2023
So long as your grandfather is still of sound mind, he has the right to change the POA designation. My suggestion is that you and your grandfather schedule a meeting with an experienced estate planning lawyer to discuss the plan to sell his home and whether he wants to change the POA designation to... View More
Our court order/parenting plan doesn’t say the parenting time schedule changes when there is no school. The NCP has proposed a schedule for when our child doesn’t have school that includes longer parenting time and an additional overnight a week since our child is not in school. My child does... View More
answered on Jun 12, 2023
There is no simple answer to your question. From a court's perspective, your child should know and spend quality time with both parents, so the starting point is whether your ex asked for additional time prior to the court entering the order and that request was denied or whether neither of... View More
answered on Jun 12, 2023
If you have been a resident of New Jersey for 1 year or longer, you can file in NJ.
My late mother established a LLC, which owns two properties. Before my mother became incapacitated she appointed my sister as POA. During the probate of my mother’s estate it was discovered my sister was member of the LLC. I filed a complaint with the Court alleging my sister added herself as... View More
answered on Jun 12, 2023
You need to hire a lawyer. The type of questions being asked and the legal issues being presented to the court are not simple and involve specific type of proofs. In a court proceeding involving claims of self-dealing, fraud, etc, you are also not going to walk into a court room and talk with a... View More
Notice and intention of petition.
answered on Jun 10, 2023
I presume that your use of the term "PFA", refers to an order of protection from abuse, as a result of a domestic violence proceeding?
The short answer is that a party can proceed with a divorce matter even where there is an order of protection in place - the court needs to take... View More
I found on the Internet from a New Jersey official website that I can have New Jersey enforce my support order. Can someone please call me or let me know what I do to go about this because everybody seems to give me a run-around .
answered on Jun 8, 2023
Under the Uniform Interstate Family Support Act, if you now live in New Jersey, you can seek to domesticate your Penn court order for spousal support and then the New Jersey court system has the authority to “enforce your spousal support order” entered by the court in Penn but the New Jersey... View More
This is in regard to self-emancipation.
answered on Jun 7, 2023
Im guessing that you sent at least 4 separate online inquiries in support of your emancipation pursuit and in response to all of them, the best advice I can give you is to call a family law specialist and pay for a consultation to discuss your current setting, the reasoning for seeking emancipation... View More
We owned a multi million dollar business. He convinced the judge that I wasn't cooperating with the sale and so the judge forced me to sign over my stock within 24hrs. The agreed sale price was 1 million but that was false, it was worth at least 10 million but he threw away all records for me... View More
answered on Jun 7, 2023
Setting aside a divorce settlement agreement is not an easy or inexpensive task. Our office has been successful in doing so in several settings involving fraud claims, but each was time-consuming and expensive with no guarantee of success.
I have no idea what your proofs look like to... View More
Assumed market value 10 years ago, but not specified in agreement.
answered on Jun 5, 2023
The question focuses on the language of the agreement and the discussions/agreement in place when you signed the document. If the intent was to share equally the current value of the home and the current mortgage balance vs whether the intent was to share the then existing value / then existing... View More
Divorce judgment entered 7/13/15 - filed 12/10/14. The numerator of the coverture fraction is 187 months - my total years of service, denominator will be 35 years when I retire.
answered on Jun 1, 2023
Presuming your numbers are correct, the numerator is187 / denominator is 420 = 44.52% is the marital portion x former spouses 50% interest
Other than the settlement at the time of the divorce and the pension is divided up does the husband have access to pension moneys earned after the divorce is finalized?
answered on May 30, 2023
On its face, your question should be simple to answer BUT......
If your divorce agreement states that your former husband is entitled to XX% of the marital portion of your pension plan and that a qualified domestic relations order (QDRO) is to be entered, dividing the benefits, the next... View More
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