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New Jersey Family Law Questions & Answers
1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I have endured extensive DV from my husband. I don't know what I'm entitled to under the DV laws.

There have been multiple incidents of physical, emotional, & financial abuse over the past few years. My divorce lawyer is already filing a Tevis claim. Unfortunately, husband has a knack for making the police believe it was my fault. I've been arrested 3 times and spent 2 days, 18 hours... Read more »

Leonard R. Boyer
Leonard R. Boyer PRO label
answered on Mar 24, 2023

Since you are represented by counsel, you need to direct all your questions to your attorney. It is not appropriate for any of us to answer when you are represented by counsel. Good luck.

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: Will I be contacted by the Prosecutor to discuss being a witness in an assault charge I filed against my husband?

My husband is the defendant and now I've been told, I would be a witness in this case. Will the prosecutor's office contact me to go over my testimony or should I contact them?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 24, 2023

Generally the prosecutor will contact you, but lots of time they don't contact you until the day of court. They don't really go over you testimony with you, but do ask some questions if they are interested in pursing the case. For that you may want your own private lawyer.

2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: If I'm the plaintiff in a Domestic Violence case (simple assault charges,) should I get a lawyer to represent me?

My husband and I have cross-TROs against each other for an incident that occurred on Feb. 17. We now have cross-simple assault charges as well. I have a lawyer for the TRO and simple assault charge where I'm the defendant. Should I secure counsel for the simple assault case where I am the... Read more »

Michael Andrew Conte
Michael Andrew Conte
answered on Mar 24, 2023

On the simple assault case that is a criminal matter against your husband, you are not the plaintiff. Criminal matters are between the State and defendants, so the matter should be entitled: The State of New Jersey v. Your Husband. Those matters are prosecuted by state prosecutors. You will be a... Read more »

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2 Answers | Asked in Domestic Violence, Family Law, Federal Crimes and Personal Injury for New Jersey on
Q: What recourse do I have because my partner has been financially, emotionally and psychologically abusing me for six year

He convinced me to sell my house in brooklyn and now the money is gone and I owe the IRS. He makes me feel worthless and blames me for everything, I am severely depressed and have anxiety disorder because of all this. I feel like I can't do anything.

Leonard R. Boyer
Leonard R. Boyer PRO label
answered on Mar 22, 2023

You really need to retain an experienced matrimonial attorney with extensive domestic violence trial experience to obtain a Final Restraining Order against him. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best... Read more »

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3 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Can my ex request a meeting with my new girlfriend in order to allow her to see my kids?

We have an agreement that says that both parents will consult each other about who is going to be around when the kids are in their custody, now she found out that I'm dating and is requesting to see my girlfriend otherwise she is not okay with the kids being around my girlfriend unless she... Read more »

Leonard R. Boyer
Leonard R. Boyer PRO label
answered on Mar 19, 2023

Realistically it should not be a problem, but every Judge and every situation is unique, so it is hard to know for certain. If your ex-spouse makes a motion based on the facts you provided, then it will be time to retain an experienced matrimonial attorney. With modern technology, you can be... Read more »

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0 Answers | Asked in Family Law for New Jersey on
Q: Is it the law in any state or New Jersey that there must be affordable housing for the amount of people living in state

My wife our daughter and myself can't find affordable housing in nj , we get no state assistance and we are working but homless we need help getting into affordable housing no one is helping our family

0 Answers | Asked in Family Law for New Jersey on
Q: My ex owes money to IRS he filled as a HOH at the time I wasn’t even working I was a house wife

Is that a considered a marital debt ?

2 Answers | Asked in Family Law and Civil Litigation for New Jersey on
Q: Do you file your interrogatories/production with the courts and the courts send your advasaries those documents.

I'm a pro se litigant and I'm suing family members. My first amended complaint was granted and I have started discovery sending interrogatories/production to them.

My advasaries instead of filing objections or answers to my interrogatories, went and filed a restraining order on... Read more »

Richard Diamond
Richard Diamond
answered on Mar 13, 2023

Based on the information provided, im not sure that you have the skillset needed to handle litigation on your own. Interrogatories and document requests are sent to the adversary - not to the court and they need to be tailored to the particular issues and claims involved in your matter and need to... Read more »

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3 Answers | Asked in Divorce, Tax Law and Family Law for New Jersey on
Q: In a divorce if husband has an annuity and I say you keep that and in “trade” I want the house. Why is there a 31% tax

why is the annuity taxed if it’s not being withdrawn?

Richard Diamond
Richard Diamond
answered on Mar 10, 2023

Politely, you need to sit down with an experienced divorce lawyer since it appears that "someone" is doing some fast talking and you have no idea whether the claim is true or not - which means you need someone to represent you who knows how to call B...shit when such claims are made.... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How can I get help to reopen my NJ divorce where there was extreme amounts of fraud regarding our business?

My husband hid millions of dollars in our divorce and lied about the sale of the business, this caused my entire PSA to be thrown out. He then reported me as a 1099 employee of our business. He was making direct deposits from the business for family support but then reported me as a 1099 employee,... Read more »

Bari Weinberger
Bari Weinberger
answered on Mar 10, 2023

Thank you for your question about reopening your New Jersey divorce. In order to answer your question, the attorney would have to read your divorce agreement. The court in New Jersey usually enforces settlements between parties, however, in your case you believe there was fraud. Fraud could be... Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: Can a be emancipated if she has a job/ a place to live in New Jersey without parental approval?

I am 14 and I have wanted to move out for a long time. I am confident that I' will have a job by 16. Can i moveout at 16 without my parents approval and find a place to live?

Richard Diamond
Richard Diamond
answered on Mar 10, 2023

I am a parent and cannot imagine what is going through your head to be 14 years old and want to be emancipated but I can promise you that being emancipated will not be easier than your current setting. As a 14 year old, im sure that your parents are on your case and telling you what you need to do,... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Nj family law on when to apply the doctrine of tax estoppel and preliminary injunctive relief

No discovery and plain it revealing assets

Richard Diamond
Richard Diamond
answered on Mar 6, 2023

Estoppel is an equitable principle that a judge may apply if the factual setting warrants it but you have the obligation to present sufficient credible proofs to compel the court to apply it. I dont know what type of family law matter you have that you believe warrants the use of an estoppel claim... Read more »

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: Plaintiff threatening criminal charges for defendant violating a TRO -if defendant does not sign civil restraint

Is this considered coercion? How to vacate civil restraints without plaintiff agreement?

Leonard R. Boyer
Leonard R. Boyer PRO label
answered on Mar 3, 2023

You cannot easily vacate civil restraints. You would need to retain an experienced matrimonial attorney, with extensive domestic violence trial experienced and that attorney would have to show you meet the critieria of The seminal case setting forth the “good cause” standard in New Jersey is... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Can I live with my boyfriend if I’m collecting my ex husbands pension? I know I can’t remarry.

We were divorced in NY but I now live in NJ.

Bianca M. Sangiovanni
PREMIUM
Bianca M. Sangiovanni PRO label
answered on Feb 26, 2023

New York law will apply here. However, under NJ law the pension is an asset of the marriage which is distributed through a Qualified Domestic Relations Order so it is not in the same category as alimony spousal support. Your alimony spousal support may be decreased or terminated if you cohabitate.... Read more »

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0 Answers | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for New Jersey on
Q: My 9 year old son was playing with his 10 year old cousin they hit one another.The 10 yr old choked my son what can I do

I'm in nj and want to understand if there are any legal action. I called the police because my son has marks on his neck and this is the second time this has happened and I talked to the parents about maybe he needs counseling ,choking can lead to lost of oxygen and loss of life. The 10 year... Read more »

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: The settlement agreement states a split of the enhanced premium for the kids medical, is that over the current number

Says my ex continues to provide insurance but the enhanced premium is split between us

Richard Diamond
Richard Diamond
answered on Feb 22, 2023

No lawyer should answer your inquiry without seeing the language of your agreement, the applicable child support guideline work sheet and any documents used to determine the cost sharing aspect of your child's health insurance coverage.

As a simple example, if you and your ex used the...
Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: How would I go about getting my children back from protective custody housing system?

Their mother took them into a battered women's shelter, but I have custody of them.

Bari Weinberger
Bari Weinberger
answered on Feb 22, 2023

Thank you for your question. Additional information is required to provide you guidance in this matter. The attorney would need to review prior court orders and determine the appropriate next steps. If you are legally granted custody by way of court order and there are no subsequent orders, the... Read more »

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My wife and I want to file an uncontested irreconcilable divorce complaint. We don't want the court/judge to determine

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... Read more »

Michael Andrew Conte
Michael Andrew Conte
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... Read more »

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1 Answer | Asked in Family Law, Education Law and Libel & Slander for New Jersey on
Q: Can I sue against a guidance counselor and teacher for false allegations?

My son has autism and the guidance counselor said that my son made a "comment" that led up to cps getting involved. My son doesn't speak well nor does he understand a lot. Teacher has been making small complaints about my son since September about him not participating, not doing... Read more »

Richard Diamond
Richard Diamond
answered on Feb 22, 2023

This is a question best directed to a lawyer that specializes in claims against school officials for abusive practices.

1 Answer | Asked in Adoption, Child Custody and Family Law for New Jersey on
Q: Is it possible to have joint custody or share custody of my nephew with my sister(his mother)? Or would I adopt him?

We live in NJ. The father didn’t sign the birth certificate, and has never paid child support or been around my nephew. How we we begin this process?? Or where would we look to start?? She is in agreement with the entire thing and and want to share in all of the decision making etc.

Richard Diamond
Richard Diamond
answered on Feb 19, 2023

The biggest issue is the nature of your relationship with your sister. Is your sister seeking or willing to agree to share parenting time and decision making with you or are you looking for your nephew to live with you and you make all of the decisions concerning your nephew? If you are seeking the... Read more »

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