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equitable distribution since we know what we want. Do we put these details in the complaint or a document afterwards? Confused over the detail of wording that needs to be present in form 1D. Example, do we list the account info for the 401k to be transferred? Details about the mortgage debt? When... View More 
answered on Feb 21, 2023
You would really be assisted by hiring an attorney here. An attorney could record everything into a martial settlement agreement as your proposal, submit that agreement to the other party who would be invited to review it with her own attorney, and then once it is signed you would just put through... View More
And what can I do to get visitation rights if my kids live in another state
answered on Feb 17, 2023
In New Jersey, except under extremely unique circumstances, you cannot bifurcate your divorce matter - meaning the court will not permit you to get a divorce now and address custody issues later.
Separately, I gather you live in New Jersey and your spouse and children live in a different... View More
Can I get the money from the RV he sold? It was in my name. A golf cart was in my name too that he sold both I didn't receive any money. I also loaned him $45,000 which I haven't got any money for am I entitled to getting my $45,000 back the RV and the golf cart?
answered on Feb 14, 2023
The best advice I can give you is to sit down with a divorce law specialist as quickly as possible for a consultation since it seems as if your husband is liquidating assets. Im not sure if the assets being liquidated are premarital assets, assets immune from distribution in a divorce or assets... View More
Under 2016 consent order, I agreed to switch the kids from my ex’s work health insurance onto mine (save us both money). Judge just ordered me to cover the kids till age 26 (oldest child is 23 and is emancipated). No previous agreement is in place agreeing to cover kids beyond age 23. Is that... View More
answered on Feb 13, 2023
My suggestion is that you schedule a consultation with a family law specialist to review the motion papers filed by you and your former spouse along with the agreement and the most recent court order to get a better handle on the judges ruling - otherwise a lawyer will be guessing as to his... View More
answered on Feb 13, 2023
I presume that your spouse filed a complaint for divorce and you were properly served with it and as a result, you then had 35 days from the date of service of process of that complaint to file a responsive pleading and you have either run out of time or are running out of time to file. Before... View More
Does Personal Bank account equitable distribution is until Divorce date filed or until the date Divorce hearing in NJ
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answered on Feb 20, 2023
Unless otherwise agreed by the parties, the coverture of the marital estate is date of marriage to date the divorce complaint is filed. Any asset that falls into that time frame is part of the marital estate and therefore presumed to be subject to equitable distribution. There are certain... View More
answered on Feb 4, 2023
Presuming you and your spouse have a written signed settlement agreement resolving all issues in dispute between the 2 of you including the resolution of any alimony claim, child support, custody, parenting time, equitable distribution of all assets and liabilities of the marriage, and resolution... View More
mortgage was in my name alone.
Is my equity determined by full payoff balance or the principal owed?
answered on Feb 1, 2023
Unless you sit down with a family law attorney to review the terms of the court's order or your settlement agreement, it is impossible to determine your equity interest, what responsibilities your ex has for payment purposes for the mortgage balance and whether your equity interest is valued... View More
The man ownes a home in Fla individually. Is the any benifit for doing so? There are no children envolved.
answered on Jan 19, 2023
You need to sit down with a divorce lawyer to discuss whether both states have jurisdiction and presuming so, which state is a better state for you to proceed with the divorce matter. Based on the extremely limited information provided, it sounds like both states have jurisdiction to proceed with a... View More
answered on Jan 3, 2023
I am not sure how the terms of your prenuptial agreement with your fiancé connect at this moment to your fiancé's child support obligation for children from his prior marriage.
Your fiancé has a child support obligation based on his current income setting from employment and... View More
Basically just want a legal person to review this statement and make sure it doesnt sound sketchy.
Hey just finished meeting with the lawyer.
First I’ll file a complaint for divorce that just starts our actual separation. As of right now property we’ve separately acrewed is... View More
answered on Nov 21, 2022
My advice (which should not come as a surprise) is that it's worth your while to schedule a consultation with a lawyer who specializes in divorce law (not a general practitioner who also handles divorce matters) to review your asset setting, respective employment settings, etc to give you... View More
He had cut me off since separating, even though we live in the same house(different rooms). We are going for divorce of bed and board and he is holding off. I need to file, because I need money to eat and do normal daily things. I’m now suffering from depression and have no energy from that... View More
answered on Nov 11, 2022
Im sorry that your current setting is dire and suggest that you meet with a family law specialist as quickly as possible to get better educated on your rights in a divorce matter. While I know that it will be difficult, this is where you want to hire the best lawyer you can afford - this is not a... View More
answered on Nov 11, 2022
I presume that for estate planning purposes, you were listed as his power of attorney but because of the divorce filing, he no longer wants you in charge of his financial affairs moving forward. If my understanding is correct, that is very common, and I would simply suggest that you and he agree as... View More
Let me be more specific. My daughter was 11 when my husband filed divorce papers, but 12 when we negotiated and then were granted our divorce in court. Is that when one parent first files for divorce? Or when it is granted?
answered on Oct 29, 2022
I think you may be mixing apples with oranges with your question. Under NJ’s child support guidelines, there is a presumption that teenagers are more expensive than younger children - so if the guidelines are first calculated when a child is 13 years old or older, the court has the right to add... View More
A few weeks ago I posted here regarding reopening my divorce post judgement due to fraud. I indicated that I do not have the funds to hire an attorney and was seeking help pro bono. I realize the cost associated with the complexity of this case, and I am willing to help in any way that I can to... View More
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answered on Oct 25, 2022
Trying to represent yourself in a divorce or post-divorce matter is unwise since you are emotionally involved and not a trained attorney. There has to be a valid reason for reopening a divorce. This is going to be an expensive case and a hard burden to meet. People want to litigate very often,... View More
In this scenario, the people in question got divorced before the house was purchased, however they lied on their bank application when getting the loan, and said they were still married.
Now the ex wife who has contributed only a portion of the initial downpayment and no mortgage payments... View More
answered on Oct 19, 2022
Since you were not married when you purchased the property, you are tenants in common. If the deed does not mention the specific ownership interest of each party, you each have a 50% interest in the property.
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... View More
answered on Oct 17, 2022
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... View More
She is trying to make me pay for 1/2 of it when the charges arent mine but she says she used the card for the house. As a user I can not get the transactions through Chase as she will need to approve it.
answered on Sep 28, 2022
Its impossible for a lawyer to simply tell you that you are or are not liable for any or all of the charges on that card since there are multiple scenarios where a court can impose liability. As a simple example, if the charges were incurred for payment of "family expenses", they can be... View More
Campus but frequently comes back home 1 hr away for medical, dental etc.
Opposition wants to emancipate the child and reduce child support.
Any NJ case law on that since that’s where its being heard that can help me support my child and my case or does case law not matter on the... View More
answered on Sep 6, 2022
You need to schedule a post-divorce consultation with a New Jersey family law certified trial lawyer to discuss the standard applicable to emancipation and as to a parent's support obligation while in college. Presumably, you and your former spouse lived in NJ at the time of the divorce, which... View More
My mother has a son,My dad still has the house, never bought my mom out, apparently there’s a will they did together dividing the house between 4 siblings (same parents) according to my dad his children from the other marriage have rights to the house but not my mothers son. He also claims she... View More
answered on Aug 29, 2022
Its impossible for any lawyer to attempt to give you legal advice based on the information supplied. You need to schedule a consultation with a family law attorney to review your parent's divorce agreement to understand the agreement reached between your mother and your father over the... View More
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