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New Jersey Divorce Questions & Answers
1 Answer | Asked in Divorce for New Jersey on
Q: i need help with legal malpractice case in NJ

I had a "harrington" hearing related to my divorce settlement as the plaintiff and my attorney testified against me under oath that I settled my case without my consent, either orally or in writing.

Richard Diamond
Richard Diamond
answered on Feb 22, 2024

If you have a legal malpractice matter, you need to meet with a malpractice lawyer and provide him with the details. Meeting with a divorce lawyer at this point does not help you.

0 Answers | Asked in Child Custody, Divorce and Education Law for New Jersey on
Q: If you have 50/50 legal&physical custody in NJ can spouse unilaterally unenroll child from school without your consent.

We are in NJ and have 50/50 legal&true physical custody. One parent who was the one who I originally allowed to make the decision to enroll her into the school of her choice (she has attended now for three years) I then bought a house in that town and there was a job change so this could... View More

2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 1, 2024

I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and... View More

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: If I have a court order with date till I have to file answer for a divorce, can I ask the court for extention ?

I have dead line for answer for my divorce case but I need more time.

Since the date is in court order I would like to know if I can ask the court strait for extention or I have to reach up the other parties before I filed to court? Nj

Richard Diamond
Richard Diamond
answered on Jan 30, 2024

If the deadline to file an Answer is set forth in a court order, you need to comply with that deadline. My guess is that the other lawyer is not going to give you additional time. BUT, go online and google form Answer to divorce complaint in New Jersey and I have to beleive that there are plenty of... View More

0 Answers | Asked in Divorce and Child Support for New Jersey on
Q: I need to find a document that I could submit to the courts in regard to my ex 7 months behind court ordered alimony $

I filed forms years ago when he was late with his alimony payments, and because he is retired the court took it out of his Social Security check.. I need to find that form on the Union county New Jersey courthouse website

2 Answers | Asked in Family Law, Divorce, Child Custody and Child Support for New Jersey on
Q: I have joint custody of the children. My adversary hasn't consulted with anything, now ask me to pay for all expenses

I have joint custody of the children, but my adversary hasn't consulted me on any decisions since our divorce.

Without my input, she chose an expensive out-of-state school for our son. Recently, she filed a motion seeking me to cover all college and additional expenses. Do I stand a... View More

Richard Diamond
Richard Diamond
answered on Jan 24, 2024

You NEED to meet with an experienced divorce lawyer and have him prepare your opposition paperwork and your cross application addressing your ex's failure / refusal to cooperate with your rights as a joint legal parent under the terms of your agreement. Simply walking into court and thinking... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How long do I have/how long can I legally wait to pay out the lump sum payment to my ex? (NJ)

divorce agreement doesn't specify time only to be paid by cert check. the agreement does not even say "lump sum" it just says, " Husband shall tender to Wife a certified check in the sum of $75,000"

Bianca M. Sangiovanni
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answered on Jan 22, 2024

The answer will depend on the facts surrounding your divorce, equitable distribution of assets and any contingencies that might exist to trigger a reasonable time frame of the payment to be made. You should consult with an experienced family law attorney to guide you as you will likely be served... View More

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1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Health Insurance cost sharing when ex claims a kid for her own tax break?

Under my own name as PPR, claiming both kids qualifies them for cost-free Medicaid. By claiming my daughter on her taxes, my ex gets one deduction but potentially disqualifies my daughter from being covered under my Medicaid. If that happens, who becomes responsible for the new healthcare costs... View More

Leonard R. Boyer
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answered on Jan 1, 2024

The facts you stated do not support the results that you mentioned. You really need to retain an experienced matrimonial attorney to determine exactly what the situation is. Any custody or other issues should be resolved in a Court Order. Be prepared to pay a matrimonial attorney a consultation fee... View More

1 Answer | Asked in Family Law, Divorce and Domestic Violence for New Jersey on
Q: Can an incident from a dismissed TRO appear on a new TRO?

My GF and I had a fight and she requested a TRO. The triggering incident was that we saw each other in a yoga class and she concluded I had followed her there, although I go to yoga at the same location. She withdrew the TRO and when I attempted to talk to her again she filed for a new TRO. At the... View More

Richard Diamond
Richard Diamond
answered on Dec 27, 2023

Defending against a domestic violence complaint is not a simple task and the information in the complaint is designed to educate you as to the scope of testimony she plans to present. If she did not include any information as to the prior yoga incident, then she could not testify as to it at trial... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What proof do I need to argue for sole custody of my children temporarily.

My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More

Richard Diamond
Richard Diamond
answered on Nov 9, 2023

The difference between "sole custody" and "joint legal custody" is the obligation to discuss "major decisions affecting the children's health, education, and general welfare" - meaning if a doctor suggested that a child have surgery, should you be obligated to let... View More

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2 Answers | Asked in Divorce for New Jersey on
Q: I received a final judgement of divorce in NJ, do I have to wait to remarry?

Uncontested divorce

Richard Diamond
Richard Diamond
answered on Sep 26, 2023

Legally no, but a word of "fatherly advice" - before getting married again. Ask family and friends to be honest with you, as to whether they think that this new person is really a good fit for you.

You may not like what you hear and may want to jump to tell them that they are...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My soon to be ex & I are in an ISC mid-Oct. We are pro-se. I'm unemployed & know that I am going to get cut off all $

He filed in 2020 & everything has been slow because of court backlog. We are staying in house we own for 2 more years til the youngest finishes school. The amount he'd have to pay in alimony is minimal & I haven't worked in 30 years. 3 additional sons live home, and contribute a... View More

Richard Diamond
Richard Diamond
answered on Sep 25, 2023

An Intensive Settlement Conference is a last-ditch attempt by the court to settle a case before it goes to trial. I have no idea what your husband earns, what the court will conclude you are capable of earning ( even though you are not currently working and have not worked in years), I have no idea... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Had a bed and board divorce and was sent papers by my ex to dissolve into a divorce need help with what below text means

ORDERED that the Marital Settlement Agreement entered into evidence at the time of the hearing on June 10, 2021, which was marked J-1, shall be a part of and incorporated into this Dual Final Judgment of Divorce with the parties full acknowledgment that the Court took no testimony as to the merits... View More

Richard Diamond
Richard Diamond
answered on Aug 31, 2023

It sounds like your attorney and your spouse's attorney agreed to a divorce from bed and board for a specific period of time with either / both parties having the right to convert it to an absolute divorce at a later date and now your spouse is seeking to convert the divorce from bed and board... View More

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: In New Jersey, can a contested divorce become an uncontested divorce once the attorneys withdraw from the case?

The divorce was filed pro-se. We thought it was going to be uncomplicated. It became complicated. We both hired attorneys. Now both attorneys are off the case. We have been through everything including different judgements for anything ranging from child support to parenting schedule and spousal... View More

Richard Diamond
Richard Diamond
answered on Aug 17, 2023

You are mixing apples with zebras.

The cause of action for divorce ( reflected in the complaint for divorce that gives you the docket number in the court system) can be based on fault or it can be based on irreconcilable differences, but the cause of action for divorce has nothing to do...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Divorced senior, was awarded 1/2 of her mates transit pension.I'm 71 can i still get it?NJ Transit 'sharedinterest'

Ex mate is currently getting this pension.

Richard Diamond
Richard Diamond
answered on Aug 3, 2023

You and your spouse divorced (presumably in New Jersey) and as part of your divorce, you were awarded in a court order/settlement agreement 50% of the marital portion of your spouse's pension plan. In the court order/settlement agreement, presumably, it also stated that you and he were to... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: What motion can I file when the spouse keeps delaying court proceedings purposely?

Spouse keeps on using delaying tactics in order to avoid our divorce to go to trial. It has been four years of this, what motions can I file so the judge knows what's going on. Spouse keeps switching lawyers and keeps filing false accusations against me in order to avoid the divorce to go to... View More

Richard Diamond
Richard Diamond
answered on Jul 13, 2023

Between the pandemic and the shortage of judges in the New Jersey court system, many counties are experiencing terrible delays in getting divorce matters to trial. In fact, many counties are running about 3 1/2 - 4 years out from the date of the filing of the complaint for divorce for "real... View More

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My mom wants a divorce, so my dad went psycho and is cutting us off financially, what should we do?

My parents were married in India but we've lived in NJ for the past 22 years. My mom told my dad (100% narcissist) recently that she wants a divorce and to move to CA with me. She and my sibling (we're mid 20s) immediately flew out to CA where I live, and my dad is losing it. Canceling... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2023

Your mother is not a resident of California, she will need to retain an experienced New Jersey matrimonial (divorce) attorney. The situation is more complex than you realize, but an attorney cannot represent anyone in a divorce case on a contingency fee basis. The situation is beyond what most... View More

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for New Jersey on
Q: In the state of NJ, can wife surrender husbands firearms to the police while the husband is not home resulting in felony

After an argument between my wife and I over divorce discussions, I left the house and drove away. My wife called the police and reported domestic violence on the grounds I threatened to kill myself with a gun. When police arrived, guns were in locked cases. My wife surrendered them to the police.... View More

Richard Diamond
Richard Diamond
answered on Jun 16, 2023

By virtue of you asking the question, tells me that you cannot / should not represent yourself in your divorce matter since you are going down the wrong path.

When ANYONE files a domestic violence complaint, the 1st question the police ask is whether the person accused of domestic...
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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Is financial infidelity considered grounds for divorce?

I have been married for 5 years, and my husband has not been responsible with our finances. He put me in a big debt with ezpass tickets, not paying the car note, and late in rent. Always lies about money and I have not idea what he does with his time. We agreed to get a divorce, he refuses to pay... View More

Michael Andrew Conte
Michael Andrew Conte
answered on Jun 15, 2023

Residents of New Jersey for at least one year before filing a complaint are able to obtain a divorce without cause for "irreconcilable differences," as long as those differences have existed for at least 6 months, and there is no reasonable prospect of your reconciliation. Basically, if... View More

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2 Answers | Asked in Real Estate Law and Divorce for New Jersey on
Q: Can my ex say no one can move into the house when he isn’t paying even though he’s on the mortgage?

He moved out and I am in possession of the home but he’s still on the deed and mortgage. He only wants his half if I sell it or someone moves in. Can he legally demand half if I move someone in to help pay for the mortgage? I understand he gets half if I sell but if I need help paying and he... View More

Richard Diamond
Richard Diamond
answered on Jun 15, 2023

I dont think you will be surprised with my answer - it's impossible for any lawyer to give you credible advice based on the information provided.

You need to stop taking legal advice from your ex and you need to schedule a consultation with a lawyer to discuss your divorce matter and...
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