Newark, NJ asked in Divorce for New Jersey

Q: I am trying to get my husband to sign an amended copy of a divorce complaint that he resfuse to sign because of Alimony.

I would like to know why I cannot get a divorce just because my husband refuse to sign acknowledgement papers. I have filed my complaint since May of 2018 and I am ready to get the case heard before a judge so I can get a divorce decree. My husband moved out since I first served him divorce papers leaving me struggling because did not want to contribute to our household anymore now I am stuck paying all the bills. I need to know my choices. He has since moved on with his life continuing to work and not help me at all and told me he will not sign the paper of acknowledgement unless I take off that I want him to pay me money because he do not live in our household anymore. He moved out voluntarily. He was not put out or forced out is it possible I can file a motion to discuss him continuing to help me with bills until I am able to maintain all my expenses.

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2 Lawyer Answers
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: You need to retain experienced matrimonial counsel. His signature is irrelevant. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

Bari Weinberger
Bari Weinberger
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question.

In the event you seek immediate financial support you will need to file a motion to address the support while the divorce is pending. As it relates to moving the divorce forward, so long as he has not responded to the amended Complaint in 35 days, you can file a request to enter default against him. So long as he has been properly served, there is no need for his signature. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and to ensure you understand your rights.

I hope this information was helpful to you.

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