Neptune City, NJ asked in Divorce for New Jersey

Q: We have been married 20+ years. Wife wants divorce. I don't. She wants me out of home I paid the most on down payment. W

What can I do. I don't want to get divorced but if I do can I recoup anything.

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3 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: The best advice I can give you is to meet with a divorce law specialist to discuss marital vs non-marital assets and your rights and obligations in a divorce. As to who paid for expenses during the marriage, if the payments were made from employment income, then start with the view that the payments came from marital assets and presume that the asset will be divided equally (unless there are special circumstances to divide it otherwise).

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

A: I am sorry to hear that you are going through this. Given the long term of your marriage, any assets acquired during the marriage would be subject to equitable distribution. That being said, there are a variety of factors that would be considered when determining how the marital home will be handled and what portion of the marital home is subject to distribution such as, whether it was purchased prior to, or during the marriage, was there an agreement between you regarding investment percentages, is the property going to be sold or is one party interest in purchasing the other's interest. I strongly recommend scheduling a consult with an attorney so he/she can assist you in more detail and explain your rights.

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

A: You need to retain an experienced matrimonial attorney to go over your entire situation, rather than try to provide an answer without complete knowledge of the facts. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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