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New Jersey Divorce Questions & Answers
1 Answer | Asked in Divorce for New Jersey on
Q: I have split cost with my ex on college cost for my child. Would transportation cost include car for my teen? Thx

College costs- transportation

Richard Diamond
Richard Diamond
answered on Jun 2, 2022

In most divorce agreements, transportation costs are addressed in the agreement as an included item or an excluded item. My suggestion is to review your settlement agreement to see what the language says about an automobile for your child and/or the payment of transportation costs for your child to... Read more »

2 Answers | Asked in Divorce for New Jersey on
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... Read more »

Richard Diamond
Richard Diamond
answered on May 31, 2022

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... Read more »

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5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 29, 2022

New Jersey is an equitable distribution state. You can seek to obtain an experienced matrimonial attorney to prepare a post nuptial agreement that embodies the terms you mentioned. You should also consider the alternatives, which include taking a mortgage and putting down an equal amount or do not... Read more »

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4 Answers | Asked in Divorce, Family Law and Domestic Violence for New Jersey on
Q: NJ Rev. Stat. $ 9:2-4. Please, can you help me find the nj laws against parental alienation?

My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... Read more »

Richard Diamond
Richard Diamond
answered on May 31, 2022

Your friend needs to meet with a family law attorney immediately to discuss his claim of alienation and potentially, the lawyer will then schedule a meeting for him with a competent mental health expert to discuss her actions and determine what if anything can be done through the court system... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: We have been married 20+ years. Wife wants divorce. I don't. She wants me out of home I paid the most on down payment. W

What can I do. I don't want to get divorced but if I do can I recoup anything.

Richard Diamond
Richard Diamond
answered on May 31, 2022

The best advice I can give you is to meet with a divorce law specialist to discuss marital vs non-marital assets and your rights and obligations in a divorce. As to who paid for expenses during the marriage, if the payments were made from employment income, then start with the view that the... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: in my divorce, my husband had a side business he never paid taxes on but made $80,000 yr. Do I include this as income

My husband is a carpenter in union out of Philadelphia - he also owned a side business that makes $80,000 yr - total $180,000

Do I agree with my lawyer and say he only makes $90,000 per year - and not include the landscaping money - because I will get in trouble for tax evasion- even though... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 17, 2022

Since you are represented by counsel, that is the only person who you should direct your questions to. But if you do not believe that the attorney is acting in your best interests, then you should seek a second opinion.

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I filed for a default hearing for my divorce

It’s been over a month and it’s still not scheduled. I call the courts and they say they are just waiting. Is there anything I can do to speed the scheduling up?

Leonard R. Boyer
Leonard R. Boyer
answered on May 12, 2022

The are more steps that have to be followed. Representing yourself in a divorce is unwise. You really need to retain an experienced matrimonial attorney. You are not only emotionally involved, you do not know the Court rules or proper procedures. Trying to save some money can often result in costly... Read more »

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1 Answer | Asked in Child Custody and Divorce for New Jersey on
Q: If we have a son and own a house together. Can I go live somewhere else with my son before the divorce?

Does this will have a bad consequence in the time of custody and division of property?

Is it better for me to wait until we dissolve the marriage and then leave?

Richard Diamond
Richard Diamond
answered on May 11, 2022

You need to sit down with a divorce lawyer before you do anything. Its impossible and irresponsible for any lawyer to give you advice in this setting without having a consultation to get a better understanding of your current setting.

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: In NJ when paying alimony to a ex can the person doing the paying alimony be effected if they live with someone else?

In NJ when paying alimony to a ex their is the cohabitation clause that states the alimony you are paying can be reduced if the ex receiving the alimony lives with or cohabitates with a new partner. My question is can the alimony be effected by the person paying living with a new partner, it does... Read more »

Richard Diamond
Richard Diamond
answered on May 3, 2022

Yes - because the purpose of the payment of alimony has to do with her financial dependency status as a result of the length of the marriage, the difference between your respective income settings, etc.

Think about the following example:

you were married for 15 years, during which...
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3 Answers | Asked in Divorce for New Jersey on
Q: Can I get a divorce from my husband if we live in different states and can't find him. Have had no contact in 10+ years

I have been separated from my husband for 13 years, and have not had any contact with him in over 10 years, and don't know where he is or how to contact him in anyway. We were married in Syracuse NY I now live in NJ.

Leonard R. Boyer
Leonard R. Boyer
answered on May 2, 2022

Yes, it doesn't matter where he lives or if you cannot find him. An experienced matrimonial attorney can handle this obstacle with the proper procedures. The sooner you retain counsel the sooner you will be able to be free to get on with your life.

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1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Would paying CS based on Appendix IX-A & paying for memberships ordered in an MSA constitute a burden to the payor?

Parties entered into an MSA based on 50/50 custody. Plaintiff argued for child support and primary parent rights two years later based upon significant changes and won. Court ordered child support be paid under NJ state guidelines. Plaintiff now wants to enforce MSA that states defendant should... Read more »

Richard Diamond
Richard Diamond
answered on May 2, 2022

Ordinary extracurricular activities are covered in the child support guidelines but if your child's participation in a sports program is an "extraordinary" type of reoccurring expense, it can be addressed separately.

So, the 1st question is whether you agreed to share in...
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1 Answer | Asked in Divorce for New Jersey on
Q: I am thinking about divorce. Should I pay off my $14,000 car loan to reduce the amount of money that will be split?

I live in New Jersey, a equatable distribution state. Married for 5 years. We don't have children or own a house. Our finance were separate for the most part but I do pay most of our bills including rent, utilities and meals, because my spouse works only part time and do not make enough. I... Read more »

Bari Weinberger
Bari Weinberger
answered on May 3, 2022

Thank you for your question. It is difficult to give you a definitive answer without obtaining additional facts. There are many factors to the equitable distribution statute and without having full financial disclosure, a firm answer is not possible. It would be best to contact an experienced... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. Still no judge decision.

I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 19, 2022

If you are represented by counsel, you must direct your questions to your attorney. There is a shortage of Judges and the vast majority of Judges and other courts personnel are working remotely, so no, this is not a long period of time for a decision.

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: NJ, I filed a motion to modify parenting time. We had a oral argument back in January 2022. It's April still no decision

Is there any time frame for decision?

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 19, 2022

This question was previously asked and answered. Repeating it will not change anything.

2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: NJ, I filed a motion to modify parenting time. We had a oral argument back in January 2022. It's April still no decision

I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »

Richard Diamond
Richard Diamond
answered on Apr 18, 2022

I would write a letter to the court (always CC your ex simultaneously) reminding the court that it held oral argument of the parenting time and home sale issues on January __ 2022 and that the deadline for enrollment of your child in the school district is XXX and asking for a status update on the... Read more »

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2 Answers | Asked in Civil Litigation and Divorce for New Jersey on
Q: Can French citizens who married in NJ get divorce under NJ law?

We are both French citizens of no immigration status in the US. I reside in France while my husband resides in United Emirate. Can I proceed with divorce in NJ ? Does US have jurisdiction over the assets and properties in France should we get the verdict? Thank you

Teresa L. Reichek
Teresa L. Reichek
answered on Apr 12, 2022

It is unlikely. New Jersey divorces couples who were legally married anywhere, as long as they satisfy the residency requirement. With rare exception, that means that at least once of you would have to live in New Jersey, and have been here for at least 12 consecutive months.

You should...
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4 Answers | Asked in Divorce for New Jersey on
Q: How does one go about getting a divorced spouse to uphold his part of divorce decree, when he is in contempt?

Is there a way without an attorney and additional fees?

Bari Weinberger
Bari Weinberger
answered on Apr 12, 2022

Thank you for your question about enforcing the term of your divorce. In order to enforce your divorce decree, you would need to file a motion with the court to hold your ex-spouse in violation of litigant’s rights and compel them to comply with the provisions. It must be filed with the court... Read more »

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: need to modify divorce decree and we both are in agreement. she was granted half my pension but now doesnt want it
Richard Diamond
Richard Diamond
answered on Apr 11, 2022

Not sure why your former spouse has agreed to now waive her claim to share in your retirement benefit but if she is willing to do so, you need to have an amendment drawn up to your settlement agreement reflecting the formal waiver of interest to share in the plan. Simply telling your plan admin at... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: My wife is planning to leave the country for good with out giving me divorce. How do I get divorce?

My wife is planning to leave the country for good with out giving me divorce. I still have time to serve her divorce papers. If she leaves the country and never returns after I serve the papers, will the court grant me divorce in her absence?

I have 3 kids, and we own a house. She... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 2, 2022

What you need to understand is that a Judge, not your wife can give you a divorce. If she's leaving the country and not taking the children or seeking equitable distribution of the house, that works out much better for you than you realize. You need to retain an experienced matrimonial... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: What if my wife is refusing to sign divorce papers and has no address to send them to. Can I get it by default?
Teresa L. Reichek
Teresa L. Reichek
answered on Mar 31, 2022

Thank you for your question. I'm sure the situation must be very frustrating for you. You may be able to get a divorce by default, but you have several steps that must be completed first. You will need to do a diligent inquiry as to her whereabouts, then provide proof of same to the court. You... Read more »

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