Get free answers to your Divorce legal questions from lawyers in your area.
I am a retired teacher in New Jersey and have been married for 50 years. I earned my degree before the marriage, and the district paid for additional courses, which added to my pension. How is my pension divided during a divorce, considering these factors?
answered on Apr 19, 2025
Lets start with the fact that you were married for 50 year and presumably, 100% of your employment as a teacher occurred during your marriage. As to your education prior to your 50 years of marriage, its meaningless as to how a judge will divide up the pension benefits. As to your educational... View More 
I am currently residing in New Jersey and want to get a divorce. I got married in Guatemala. What steps do I need to take to file for divorce in New Jersey, and is my marriage recognized for these proceedings?
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answered on Apr 16, 2025
Where you got married is irrelevant, what matter is that you meet the residency for divorce in New Jersey. However, you should be aware that the ground for divorce does not affect the economic issues. Pick the best attorney you can find and remember one rule: a good attorney is generally never... View More
I have had a Final Restraining Order (FRO) against me by my wife for 35 days during an ongoing 8-month divorce process. I am a law enforcement officer with 9 years of experience and the primary health insurance provider for my family. I received the FRO after a TRO hearing regarding turning off her... View More
answered on Apr 15, 2025
Anyone telling you that you are going to get a Carfagno hearing on dismissal of the FRO against you in the past year is pulling your leg or worse. What I dont understand is why are you telling me about the underlying reason for the issuance of the FRO (turning off her cell phone)?
You went... View More
I am considering divorce from my spouse, and we are still married. We were involved in an accident in Florida, where the other driver was at fault, and we have attorneys pursuing a suit against the driver. We reside in New Jersey and are on the same insurance policy. If we receive a settlement... View More
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answered on Apr 11, 2025
I'm really sorry you're navigating this—it’s already difficult to go through a potential divorce, and adding a personal injury case to it can make things more complicated. New Jersey is an equitable distribution state, not a community property state. That means marital property is... View More
I was divorced about 14 years ago, and we received a gift of stocks or investments from my ex-husband's grandmother when we got married. The issue of these assets was not raised during our divorce. I believe my ex-husband forged my signature to access these assets without my consent, but I... View More
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answered on Apr 12, 2025
It’s possible that you could still have a claim to the stocks or assets, but there are several factors to consider. First, the fact that the issue of these assets was not raised during the divorce can complicate things. Since the divorce was 14 years ago, the statute of limitations for making... View More
I'm seeking guidance on the equitable distribution of marital property during a divorce. My spouse and I lived together for three years before purchasing a house using money from my bank account, with the title initially solely in my name. We got married two years later and, seven years... View More
answered on Mar 29, 2025
The easy answer is that you should meet with a divorce lawyer for a consultation to discuss all of the issues outstanding in your matter BUT, without knowing anything more, candidly, you will lose this argument before a judge and the proceeds will be divided equally.
Here are several... View More
I plan to visit the clerk of court in Henderson, NC, on March 25, 2025, to obtain a court date for my divorce hearing. My wife and I have been separated for almost five years. She is currently hospitalized in New Jersey, and her Medicaid has run out. As we are still legally married, I am considered... View More
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answered on Mar 26, 2025
You need to retain an experienced NC matrimonial attorney. The clerk of the Court cannot give you legal advice. The NC attorney can tell you if there is a procedure in NC for an expedited divorce. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL... View More
I am currently separated from my husband and planning to file for divorce. We both have debts, some of which are related to his ongoing legal case. My husband is due to be sentenced on the 28th of this month. I would like to know if I will be fully responsible for these debts. Additionally, we have... View More
answered on Mar 11, 2025
More information would be needed to answer your question as specific questions would need to be asked and answered, to give you the answer in your case. But in many cases a spouse is responsible for the debts of the other spouse especially for necessity's of life. Set up a consultation to... View More
I have not filed for divorce yet, and my husband is about to be sentenced in New Jersey. There are no children involved in our marriage. Will his sentencing complicate the divorce process, and how might it affect the proceedings?
answered on Mar 11, 2025
It generally won't complicate your divorce proceedings but for his criminal proceedings his lawyer would know best because it would depend on the type of case he has and the facts of his case.
In New Jersey, I received a judgment of divorce based on irreconcilable differences. My ex is challenging that judgment, seeking to change the reason for divorce to "Extreme cruelty" to potentially gain more money and full custody, even though we initially agreed on finances and custody.... View More
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answered on Mar 10, 2025
The ground for divorce is irrelevant to anything else. I have been licensed for 40 years in NJ and have handled about 3000 divorce cases and I have NEVER heard of the ground for divorce being changed after a Judgment of Divorce was entered. The entire notion is absurd to me.
I inherited a farm from my grandmother about 50 years ago, and the farm is solely in my name. I have been married to my spouse for 43 years, and we live on the property together. Occasionally, we rent out one of the two houses on the property. There have been no loans or prenuptial agreements... View More
answered on Mar 7, 2025
While statutorily an inheritance is not subject to division in a divorce, there are a million exceptions to that can apply and this is where you need to sit down with an experienced family law attorney to examine the history of this property, any improvements, pay down of any mortgage obligations,... View More
I am trying to fill out a NJ Family Part Case Information Sheet regarding a motion to decrease child support and alimony. I have two children, aged 24 and 21, that I believe should be emancipated since the oldest has graduated college and the other is employed and not in school. The motion also... View More
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answered on Mar 1, 2025
The income of a new spouse is irrelevant to child support and the same is true of spousal support. Good luck.
I need my divorce decree amended to allow me to revert to my pre-marriage last name. The decree was issued about 23 years ago in Myrtle Beach, South Carolina, and I haven't initiated the amendment process yet. I'm currently living in New Jersey and need to take care of this due to my... View More
answered on Feb 27, 2025
You might consider doing what others in your position have done - Docket the divorce decree/Judgment of Divorce here in New Jersey in order to obtain a New Jersey docket number. Then file a Motion under that docket number to resume the use of your maiden name. The court's website offers some... View More
My wife and I have been together for two years but married for only four months. She initially petitioned for me with an I-130, and we are currently in the process. However, we live with her mom, and now she is unwilling to continue with the process, often arguing with me and expressing her desire... View More
answered on Feb 18, 2025
If she wants to stop the process and get a divorce, you really cannot do anything unless you are the victim of either her physical, emotional or mental abuse. If that is the case, then you may apply ,independently of her, for a green card under the violence against woman act more commonly referred... View More
I'm in NJ and about to start a divorce action as my wife was having an affair with a married man and much of their communications was done using email according to her. She has given me some of those emails, but there are many more which are now deleted. I understand that I must prove that the... View More
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answered on Feb 14, 2025
You need to retain an experienced matrimonial attorney to represent you in this matter. In New Jersey the grounds for divorce have no effect at all on the economic issues or property issues. But if you can prove or provide your attorney with proof that your not yet ex-spouse is actually living with... View More
If my ex husband is taken off the deed to the house in our divorce, but the agreement reads he is entitled to a portion of the proceeds if and when i decide to sell, can a lien be put on the house in the future from his creditors?
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answered on Jan 23, 2025
If there is no deed recorded from him to you, then both it. The divorce has nothing to do with third parties. Creditors could get a judgment against him, then collect against any asset he has including the divorce term to share in sale proceeds without a filed judgment lien.
Property is in Nj and was inherited before meeting husband. Would be buying in either FL or PA in cash in just my name.
answered on Dec 11, 2024
To ensure the asset is separate and to protect it from any claims that could be made, consider entering into a Post-Nuptial Agreement. The Post-Nuptial Agreement can confirm that it is both of your intention to keep your inherited property as well as any subsequent asset you purchase or acquire... View More
My sister recently died in a nursing care facility in NJ. Her husband deserted her two years previous and because of the uninhabitable state of the rented marital home that the landlord did not repair as well as her illnesses, she had to move to a facility. She could not drive or operate a... View More
answered on Dec 4, 2024
Depending on the status of the divorce matter, there may be a proper basis to undo his receipt of monies in her accounts but im not sure that the process and expense will be worth it, given the cost of retaining counsel, review of the status of the divorce matter, etc to justify the payment of a... View More
If I don’t answer her texts she sends cops for a wellness check. If I do answer and the response isn’t what she wants to hear she says I’m harassing her, calls the cops to make a report. She continues to send me messages after reporting I’m harassing her which I reply to and then says I am... View More
answered on Dec 1, 2024
Maybe its time to retain a family law specialist and let the attorney file an application with the court to address your claims of her on going bad actions and ask the court for relief. It seems that your efforts to resolve the parenting time conflict with her is not working.
Husband & wife buy a condo together and at the time, put 1 of their 20 yr old kids on the deed. They divorce 10 yrs later, then wife dies before they sell property. Division of assets was filed at time of divorce, states wife lives there for 2 yrs, then they sell and split equally, & in... View More
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answered on Nov 23, 2024
The answers to your questions cannot be determined in an online forum. You must have a consultation (either secured video conference or in person in an attorney's office). In addition, you do not have privacy by posting in this forum. Just like you found it so can your so can the other parties... View More
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