Q: How can I get divorce?
I separated (not legal separation) and me and him living in 2 different states for 2 years now. I have 1 child that lives with me after custody case in court.
My ex doesn't accept uncontested divorce and he told me to go and file for divorce. and said after 2 years of separation that he has debts of 10000 $ and If I think to go for divorce I have to pay half of that debt that I don't have no idea about how he got it.
How can I get my divorce in NJ?
I don't have no idea about how to start the process? And how long it can take?
Please I need your advice.
A: Im sorry to say it to you but you need to have a consultation with an experienced divorce lawyer. Anyone giving you advice as to whether you will or will not have an obligation to contribute to his expenses is doing you a disservice unless he sits down with you to get a clearer handle on what those expenses were incurred for. Since you and he have been separated for 2 years now, I presume most of the issues should be simple but sounds like there are some debts that need to be sorted out
A: Thank you so much for your inquiry. I am sorry that your spouse is not being cooperative with the process. It sounds as though the two of you have been in court previously, though, since you mention a custody order, so that Order will continue to stay in effect during and even subsequent to the divorce. If he will not cooperate, then a Complaint for Divorce needs to be filed with the Court and then he needs to be served. He cannot stop the process from moving forward once a Complaint is filed. As for the debt that he has incurred, generally speaking the debt incurred by one spouse for their sole benefit will not require contribution from the other spouse. On the other hand, debt that was incurred for “marital purpose” (for the benefit of the family as a whole) may require contribution, but careful examination of the debt and how it was accrued needs to occur before a determination can be made as to whether a contribution is required. I highly recommend that you schedule a strategy session with an experienced family law attorney who can present all of the options for moving forward that will help you attain your goals. Good luck!
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