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New Jersey Family Law Questions & Answers
1 Answer | Asked in Family Law for New Jersey on
Q: Is there a different process for seeking an annulment versus a divorce?
Richard Diamond
Richard Diamond
answered on Jun 13, 2024

An annulment means that there was a fraud that went to the heart of the marriage and for court purposes, you need to be able to prove that fraud, and the longer the marriage lasted, the more difficult it will be to prove a fraud.

If the purpose of your inquiry is for religious reasons, you...
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0 Answers | Asked in Family Law and Elder Law for New Jersey on
Q: Which Division and County of New Jersey Superior Court has jurisdiction over a petition to override a power of attorney?

Is it filed in the county of the agent or the principal?

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I'm Pro Se. Why did my wife's divorce attorney include a one-page boilerplate list objecting to every interrogatory? Tx

They also did answer each Interrogatory and Document Request, albeit with massive deficiencies.

Richard Diamond
Richard Diamond
answered on Jun 4, 2024

They have a right to identify all objections to the questions posed so that at time of trial, they have preserved their objections to the admissibility of the answers provided - to limit your ability to use their answers.

Separately, if there are deficiencies, you need to a deficiency...
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3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: The father of my baby says he will support the child. should I still file for child support?

The father took a paternity test. We have never lived together. His mother says that their family can help out in various ways--transportation, childcare, and so on. Does it make sense to see how that goes? Will it still be possible to file for child support later if this goodwill arrangement... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Jun 3, 2024

Child support in New Jersey is considered the right of the child, meaning that it cannot be waived by either parent. Parents can file for child support at any age, so even if they agree not to seek support for the time being, they can still file later. However, child support will normally be... View More

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0 Answers | Asked in Contracts, Criminal Law, Estate Planning and Family Law for New Jersey on
Q: I hold HCP / POA rights and was named Executor in my clients will - sadly, his estranged relatives are after a paycheck.

I need help to stop the ongoing harassment, defamation, etc.

Upon my artist friend’s death, a ART foundation was to be set up in his name & he appointed me the Director. I was the only friend he trusted (at the time) …we’ve been pals for over a decade.

After helping him... View More

3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Can my ex-husband, modify child support, if he's been paying me directly, not through probate Court?

He pays me directly, he modified child support when my oldest son graduated college, without contacting me, and without filing a motion. Also, I have never received any cost-of-living adjustment over the last nine years.

Leonard R. Boyer
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answered on Jun 1, 2024

You should realize by now unless the Court Order's your ex-husband to pay what he is supposed to, he is going to do whatever he wants. You need to retain an experienced matrimonial attorney who will charge you for about 1/2 to 1 hour of attorney time to review all the relevant documents and... View More

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4 Answers | Asked in Bankruptcy and Family Law for New Jersey on
Q: If I file bankruptcy before equitable d. is done will that mean opposing party no longer has to pay backpay owed?

Technically divorced but the equitable distribution hasn’t be sorted through. Opposing party has large amount of back pay for marital and child related expenses. If I file bankruptcy will that mean he no longer owes me that money if I no longer owe the creditor due to bankruptcy?

And can... View More

Richard Diamond
Richard Diamond
answered on May 31, 2024

It would be irresponsible for any divorce lawyer to speculate as to what is and is not dischargeable in your particular bankruptcy matter and how a discharge may affect the distribution of assets. My suggestion is to schedule a meeting with a divorce lawyer to review all of the terms of your... View More

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4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a defendant request a rescheduling online for a restraining order hearing if they're given 2 days notice?
Michael Andrew Conte
Michael Andrew Conte
answered on May 28, 2024

It is up to the judge. File an adjournment request with that judge via JEDS, provide the reason you are making the request, and ask the judge for his/her chambers staff to contact you to advise as to whether the adjournment is granted. Otherwise, appear at the appointed time.

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: A default has been filed agianst me in Bergen Cty.Can I still upload my Answer or file a motion to set aside the default

The default has not yet been entered. We have the hearing scheduled for June 12th. I called my husband's attorney's office multiple times to get additional time to answer. He never responded to the messages I left his paralegal, but instead filed a default judgment. When he filed for the... View More

Richard Diamond
Richard Diamond
answered on May 27, 2024

You need to file an application immediately and you need to detail the timeline of every call to the other lawyers office with a print out from your cell phone record showing the call made, who you spoke with and what if anything was the response and the details of the other court proceeding with... View More

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0 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: What can prompt a judge to say no regarding our planned vacation.

I am currently in the middle of a custody battle with my child's father however we have joint custody in the state of New Jersey but I am the primary custodial parent on paper on a Mutual Civil Restraint. My parents want to plan a cruise that is not on his fathers scheduled week or weekend... View More

0 Answers | Asked in Criminal Law, Family Law and Real Estate Law for New Jersey on
Q: i need a trust and ejectment ASAP 39 year son getting agressive wants to pay bils.....take over

son has not worked in 20 years,,never owned a car...trying to take ove estate

in therapy..can not be trusted

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Hello, I live in Paramus, NJ. I'm looking to get divorced from my husband, who I've been separated from since 1995.

I've not seen nor heard from him and would like to get a divorce and some alimony. I found out from our son he gave a credit card to my son's roommate, so I guess he can afford some alimony also. We were married in 1985.

Leonard R. Boyer
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answered on May 16, 2024

I have good news and bad news for you. The bad news is that you have been separated since 1995, so your chances of being awarded spousal support are extremely slim. The good news is that you can get a divorce. You need to retain an experienced matrimonial attorney that will enable you to get on... View More

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for New Jersey on
Q: I am a widow, no children .. can i get a law firm to be my power of attorney
Chen Li
Chen Li
answered on Jun 10, 2024

Yes, you can name an attorney in a law firm as your power of attorney. However, you must be aware that if an attorney is acting as your power of attorney, you may have to pay the attorney a legal fee as your agent and as your attorney. You should consult with an experienced trust and estate... View More

0 Answers | Asked in Libel & Slander, Family Law and Real Estate Law for New Jersey on
Q: my son and his attorney conspired to defraud and defame me for my home

son has no job, no degree, no car, no friends, in therapy

son created false rumor about dad and spread it around town

intent was to get dad out of home and sell it....no mortgage

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: will title insurance protect my home from my son and his lawyer?they have plans to take and sell the home

deceased wife and myself are on title

son and his lawyer want to cash in

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2024

Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More

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1 Answer | Asked in Criminal Law, Estate Planning and Family Law for New Jersey on
Q: son in therapy hired lawyer to take dads home son has no car, no friends, no degree, no job

lives at home pays zero, home is trashed

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2024

You are need to supply significantly more facts and any and all documentation related to this matter. Expect to pay about an hour of time for an experienced litigation attorney to have a consultation with you. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for New Jersey on
Q: son stole items from mom and dad after moms funeral how do you hande a case like this? no job, no car, no friends

ejection, trust, arrest?

hired lawyer to try and steal home

Richard Diamond
Richard Diamond
answered on May 3, 2024

I'm sorry but this is not the type of matter our firm handles. Either you need to contact a lawyer who handles estate litigation or civil litigation (where you are seeking damages as a result of his actions).

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Hiding assets overseas in divorce matter.

My spouse closed his bank accounts overseas and failing to disclose all of his assets and personal businesses. We’ve subpoenaed the bank but no response. Thus his discovery was very vague and empty. Is there a way to force this information to come to light? I will add that my judge is not helpful... View More

Richard Diamond
Richard Diamond
answered on Apr 29, 2024

It sounds like you have a lawyer representing you and your lawyer is attempting to get documents for accounts you believe existed at some point in the past. If you have documentary proof of the existence of those accounts, give those documents to your lawyer so that your lawyer can ask the court to... View More

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1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: son stole moms laptop, cell phone, cross, keys, mass crads. crdit cards, debit cards, guest book the day of her funeral

no job, no car, no frigs, nds, in therapy, no degree, pays no room and board ever

he and lawyer conspiring to steal dads home and cash in

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

Hire a NJ attorney to sue Son for possession (or ejectment) and possibly for conversion. Legal advice from Justia will not help you actually protect your home.

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: IF I HAVE COURT ORDER FROM 2007 AND THE WIFE DID NOT SEND ANY LETTER OR DEMAND THE ALMONY 14 YAERS WAT HAPPAND ??
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

There really is no way to know without more facts. There is a possibility your ex-wife is remarried. As the old saying goes, "...it may be best to leave sleeping dogs lie". There are no collection efforts or anything from what you are indicating. Good luck.

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