Q: Married March of 2021 separate a year later Division of crypto assets
I am currently residing in New Jersey. We were married in South Carolina. My spouse still resides in South Carolina. He was my financial support as I am disabled. He used my health against me. I am not able to work. He has crypto that was gained during our marriage. My question is when can I file for divorce ? Am I entitled to part of his crypto? Am I entitled to any temporary alimony so I can secure a place to live. Also would like him to pay attorney fees as he wanted the divorce
Please contact me
A: Based on the limited information provided, it would be unwise if not irresponsible to give you black and white legal advice. You need a consultation with a family law attorney. Lets start off with whether NJ has jurisdiction over your matter yet. To have jurisdiction to file a complaint for divorce ( as a general statement), you must be living in NJ for at least 1 year. If not, you will need to wait or file a complaint for separate maintenance and then seek to merge that matter into the divorce matter ( to be filed once you are living in NJ for 1 year). As for the assets, the first question is whether they were acquired during the marriage or while the 2 of you were living together as a couple akin to a marriage. If they were acquired by your spouse prior to the 2 of you living together / married, you will have a difficult time attempting to assert a claim to the asset. If your spouse was acquiring more of the asset during the marriage, again that may be different setting - but all of these are best addressed in a consultation setting.
A: Thank you for your question. You can file for divorce in New Jersey as long as you have been a resident of the state for at least one year. To the extent that your husband accumulated assets, including cryptocurrency, during the marriage, you would be entitled to an equitable share of these assets. You can also apply to the Court for temporary alimony should you have a need for same and should it be necessary to maintain the status quo expenses while the divorce is pending. Finally, you can also apply for a contribution by your husband toward your counsel fees which will depend upon your respective financial wherewithal.
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