Get free answers to your Divorce legal questions from lawyers in your area.
Do I have rights as owner for this house?
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answered on Nov 19, 2024
The fact that you live in GA. means you need to retain an experienced GA matrimonial attorney. The GA court would probably apply New Jersey law, in which case as part of the resolution of all equitable distribution of all assets. But you have not provided enough facts to provide any more specific... View More 
answered on Oct 21, 2024
It depends. The fact that there may not be assets to divide, does not mean that there is no potential entitlement to support. The starting point of that inquiry is whether there is a difference between the party's income settings, who occupied what role in the marriage and how long the parties... View More
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answered on Sep 18, 2024
More specific information is need to provide a meaningful answer. One thing is certain you need to retain counsel to represent your interests in this matter because among other reasons, you are emotionally involved. Good luck.
The statute, 2A:34-23b, enacted prior to the PSA replaced “permanent alimony” - the outmoded term used in the PSA - with “open durational alimony,” along with various equitable factors to be considered in determining alimony.
answered on Aug 30, 2024
In September of 2014, the alimony statute in NJ was changed to delete the word "permanent" and replace it with the words "open durational", so I start off with the presumption that the statute controls as to termination events as long as the language in your agreement does not... View More
Also for funds we transfered in 2012 in a European bank account which the money has been spent by both parties
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answered on Aug 26, 2024
You need to have a consultation with an experienced matrimonial attorney to review the documents and situation in detail and let you know what your options are. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More
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answered on Aug 9, 2024
This is not a decision for you to make. A Judge may take into account your thoughts but only a Court will decide. Good luck.
Divorce decree states Ex is to provide proof of policy each year. He ignores my requests. I believe the policy has lapsed. We decided on alimony amount, no calculation was done. Paperwork does state amounts made at the time. Both of our incomes have increased. Am I risking my alimony being... View More
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answered on Jul 27, 2024
You need to retain an experienced matrimonial attorney to evaluate your situation and draft and file the appropriate motion. You should expect to pay for an hour of attorney time for an evaluation of your situation and learn the risk/reward of filing a motion. Pick the best attorney you can find... View More
In PSA (8/26/14) it was agreed to share college expense. I had suggested he go and speak with HS guidance counselors and discuss college options and he never did anything. He refused to pay for HS college classes in dual enrollment. He has failed to contribute to any expenses. I want the court to... View More
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answered on Jul 17, 2024
You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... View More
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answered on Jul 17, 2024
That is a bad idea and could lead to significant problems beyond what you can ever conceive of. You need to retain an experienced matrimonial attorney to represent your interests in this matter. What you are considering is unwise and you should not do it. Of course, legally you can, but just... View More
New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More
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answered on Jul 21, 2024
To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More
My ex started working a full time overnight position leaving our 12 year old daughter home alone on his nights which are Wed, Thursday and every other Friday. He kept this a secret until my daughter finally told me. I'm highly concerned and I live 6 minutes away, however he's so... View More
answered on Jun 18, 2024
In deciding whether to modify custody, the Court considers whether there has been a change in circumstances and whether a change to the custody schedule would be in the child’s best interests. A judge may decide that your ex leaving the child alone at night is a change in circumstance and that... View More
answered on Jun 13, 2024
An annulment means that there was a fraud that went to the heart of the marriage and for court purposes, you need to be able to prove that fraud, and the longer the marriage lasted, the more difficult it will be to prove a fraud.
If the purpose of your inquiry is for religious reasons, you... View More
They also did answer each Interrogatory and Document Request, albeit with massive deficiencies.
answered on Jun 4, 2024
They have a right to identify all objections to the questions posed so that at time of trial, they have preserved their objections to the admissibility of the answers provided - to limit your ability to use their answers.
Separately, if there are deficiencies, you need to a deficiency... View More
The default has not yet been entered. We have the hearing scheduled for June 12th. I called my husband's attorney's office multiple times to get additional time to answer. He never responded to the messages I left his paralegal, but instead filed a default judgment. When he filed for the... View More
answered on May 27, 2024
You need to file an application immediately and you need to detail the timeline of every call to the other lawyers office with a print out from your cell phone record showing the call made, who you spoke with and what if anything was the response and the details of the other court proceeding with... View More
I've not seen nor heard from him and would like to get a divorce and some alimony. I found out from our son he gave a credit card to my son's roommate, so I guess he can afford some alimony also. We were married in 1985.
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answered on May 16, 2024
I have good news and bad news for you. The bad news is that you have been separated since 1995, so your chances of being awarded spousal support are extremely slim. The good news is that you can get a divorce. You need to retain an experienced matrimonial attorney that will enable you to get on... View More
My spouse closed his bank accounts overseas and failing to disclose all of his assets and personal businesses. We’ve subpoenaed the bank but no response. Thus his discovery was very vague and empty. Is there a way to force this information to come to light? I will add that my judge is not helpful... View More
answered on Apr 29, 2024
It sounds like you have a lawyer representing you and your lawyer is attempting to get documents for accounts you believe existed at some point in the past. If you have documentary proof of the existence of those accounts, give those documents to your lawyer so that your lawyer can ask the court to... View More
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answered on Apr 24, 2024
There really is no way to know without more facts. There is a possibility your ex-wife is remarried. As the old saying goes, "...it may be best to leave sleeping dogs lie". There are no collection efforts or anything from what you are indicating. Good luck.
He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be... View More
answered on Apr 20, 2024
Start with the presumption that his share of the pension will not be garnished. If there are arrears outstanding from his child support obligation, you need to file an application with the court and ask the court to enter an order imposing a garnishment on his share of your pension for repayment... View More
I have been unemployed for +1yr but have recently taken a +50% decrease in salary to work. My x-wife and I have a great relationship and both agree to new terms. I just don't know how to file paperwork to make this happen.
answered on Apr 18, 2024
When spouses agree on a modification to their Final Judgment of Divorce (such as an agreement to modify alimony) they can memorialize that agreement in writing and file what’s called a consent order with the Court. Before filing, both parties should sign the written agreement indicating they... View More
Spouse has luxury watches. He provided me with pictures of them. He is refusing to meet with appraiser and bring watches. If appraiser uses pictures instead of actually inspecting watches, is that called hearsay?
answered on Apr 18, 2024
Consider interviewing a couple appraisers to inquire and compare their rates. You may also consider filing a Motion with the Court asking the Court to compel your spouse to participate in the appraisal, to make a negative inference against your spouse if they refuse to participate, and to reimburse... View More
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