Get free answers to your Family Law legal questions from lawyers in your area.
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 want to sell my house, but my ex-wife continues to stay longer than the court order dictates for it to be on the market. The court order mentioned that the house should be listed for sale in January 2025. Although she is not on the deed, according to New Jersey law, she is entitled to a portion... View More
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answered on Apr 12, 2025
If there’s a court order in place requiring the home to be listed for sale, then that order should be followed, regardless of your ex-wife’s comfort or personal preferences. Even though she may be entitled to a portion of the proceeds, her name not being on the deed limits her authority over... 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 have a restraining order against my son's father since 2018. During recent parenting time, my mentally disabled 9-year-old son was strangled, punched, and beaten. His grandmother, who supervises visits, claimed she did this while trying to get him in the car. I called the police and have... View More
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answered on Apr 3, 2025
You can certainly press criminal charges against both parties. Whether or not you can obtain a restraining order against the grandmother requires more facts. You may be able to obtain a Temporary Restraining Order (TRO) on your own. Then if you get the TRO, you will need to retain an experienced... View More
I am a 20-year-old transgender woman seeking to change my name for career and personal safety reasons. My mother says it could affect my healthcare insurance, as I am listed under her policy. She also worries my father, who pays her child support, might use my name change as an excuse to stop... 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 am currently making regular payments to cover child support arrears, and I have legal court papers that verify these payments. I would like to know if I can obtain a Real ID driver's license under these circumstances. There have been no previous issues with my driver's license due to... View More
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answered on Apr 12, 2025
As long as you are making regular payments toward your child support arrears and have legal documentation verifying these payments, you should be eligible to apply for a Real ID driver's license. Generally, overdue child support payments can lead to the suspension of a driver's license if... View More
I suspect that a family member made a false report against me to DCPP in New Jersey, claiming I was neglecting my child. The report was made on either 3/20/25 or 3/21/25. A DCPP agent visited my home on 3/21/25, conducted interviews, and inspected my home. The agent indicated that there were no... View More
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answered on Mar 24, 2025
I understand your frustration with this situation. In New Jersey, you might have legal grounds to pursue action if you can prove the report was made with malicious intent rather than genuine concern for your child's welfare. The fact that you have text messages and evidence of them mentioning... View More
I need to sell my house but my ex is giving me a hard time on this. We were instructed to put it in market in January on the divorce decree but it’s been months now and she won’t leave. She had an apartment but decided to move back into the house back in December with my daughter.
answered on Mar 20, 2025
Hello, that is definitely frustrating but you do have options you can take legally. One option is to file a motion with the court for enforcement of your divorce agreement as it relates to the sale of the house. You can compel her to cooperate with the sale and even establish repercussions for... View More
I am a U.S. citizen born in New Jersey, and I currently reside outside the U.S. I have my birth certificate, social security card, and passport. I would like to apply for a legal name change in New Jersey. What additional documents do I need to submit to the court for this process?
I’m fighting a TRO where the petitioner presented fake text messages as threats from me. The messages don’t show my real number, only my name, which could’ve been manually changed in her contacts. I suspect she used a spoofing app. The judge ruled against me, stating she’s not liable for... View More
answered on Mar 12, 2025
First, sorry you are going through this. It appears you may have gone through trial without counsel. I highly recommend you get an attorney. I have seen these cases before and they are becoming increasingly common. 1) You absolutely need to file a motion for reconsideration 20 days with phone... View More
I reported my son to Child Protection Services in Hackensack, New Jersey, on December 7th for suspicion of child abuse. They disclosed my identity to him and in court papers, despite being told that my report would be confidential. Since then, my son has not allowed me to see my grandson and has... View More
answered on Mar 4, 2025
As a general statement, when someone makes a claim of child abuse to DCPP, it is viewed as confidential. I'm not sure what occurred in your setting and whether the DCPP rep actually told your son that you had reported him, or if your son guessed the reporting came from you and you then... 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.
can i sue to make him pay and get out?
answered on Feb 5, 2025
The short answer is yes. For the purposes of the answer I am assuming the person involved pays no rent and never has. You would need to file an action called and ejectment. And ejectment is used for trespassers, guests who have worn out their welcome, and similar people. If the person is pay the... 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
I am currently a full time student and am enrolled in university just married my gf of 3 years and want to file for her I have affidavit of support with a financial co sponsor and proof such as letters texts pictures videos marriage certificate pictures of ceremony opening a bank account soon is... View More
answered on Jan 29, 2025
Yes, even though you are not living together, you can still sponsor your girlfriend after marriage for a green card. You would need to explain in writing exactly what your circumstances are that precludes you from living together. It appears that based on your fact pattern that you have a... View More
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answered on Jan 3, 2025
Yes, but it is not legal. You need to obtain proof of this and report it to the Court by using an experienced matrimonial attorney. Good luck.
answered on Dec 18, 2024
There are settings where one parent is willing to release the other parent from financial responsibility for the support of their child in exchange for the other parent's termination of relationship with the child (generally, when the other parent has a longer-term relationship, and that... View More
get a T.R.O on you and have me the homeowner (Disabled on a fixed income) removed from my home and put to the streets with nowhere to go while escorting this stranger into your home, granting all access to all your family valuables and private documents, the entire contents of your home as well as... View More
answered on Dec 13, 2024
I have no idea what happened to you but to have you removed from your home under a domestic violence temporary restraining order, the person had to appear before a local municipal court judge or a superior court judge and certify as to as specific facts, starting with the representation that he /... View More
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
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