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New Jersey Divorce Questions & Answers

1 Answer | Asked in Divorce for New Jersey on

Q: I was granted order to publish divorce by publication. Do i send newspaper summons and complaint or just summons?

Leonard R. Boyer answered on Aug 23, 2019

No, you have to send both the Summons and Complaint. But, you would be much better off retaining an experienced matrimonial attorney. You are emotionally involved and have no idea of how to represent yourself.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on

Q: Need divorce advice for husband who left home due to mental and physical abuse by the stay at home mother.

Husband left the home due to mental and physical abuse over 2 years. The mother was a stay at home mom and filed first because he left, he willingly paid the rental amount for 2 months plus groceries and other needs but stopped when she restricted the father access to the child because he can only... Read more »

Noel Rivers answered on Aug 15, 2019

If you cannot afford an attorney, I recommend you contact the legal aid department in your area and see if they will take your case. I also recommend contacting the social justice centers of any law schools in your area, as some of them are equipped to handle certain family law cases for indigent... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Divorce for New Jersey on

Q: Can I reopen my divorce that ended in 2010 if I can prove fraud?

My divorce was moved to arbitration because my husband was lying and destroying evidence of our business, he did this to hide both the value of the business and his income. After 7 years of arbitration my case was returned to the court. My husband continued to lie about his income which was... Read more »

Leonard R. Boyer answered on Aug 14, 2019

Given the length of time that has passed, I seriously doubt it. You would probably have to pay an experienced matrimonial attorney, just to research the case law, to see if there is any possibility.

1 Answer | Asked in Divorce for New Jersey on

Q: Keeping the marital home as a joint asset after divorce.

My wife and I separated two years ago and agreed she would buy me out of the house. The mortgage is still upside down, so she cannot refinance into her name. We already have an MOU to file uncontested which includes the original buy out clause, but what legalities do we have to consider by filing... Read more »

Bari Weinberger answered on Aug 14, 2019

Thank you for your question. I understand you would like to learn more about how to proceed with your uncontested divorce proceeding. First, the MOU should reflect whatever it is you intend to do. If the language is that there will be a buyout, but there is no intention to do a buyout, the MOU... Read more »

1 Answer | Asked in Divorce for New Jersey on

Q: If we file for uncontested divorce in NJ online, and one spouse changes their mind to contested, do we then need attorn

Bari Weinberger answered on Aug 12, 2019

Thank you for your question. I understand you would like to know more about the difference between a contested divorce and an uncontested divorce. In either scenario, an attorney is not required. A contested divorce may be more difficult to navigate, but you are still allowed to represent yourself... Read more »

1 Answer | Asked in Divorce for New Jersey on

Q: My husband of 18 years changed his beneficiary to his 2 grandchildren 14yrs and 11yrs old, he never told me.

Leonard R. Boyer answered on Aug 9, 2019

Although that is not uncommon, it could mean a divorce is on his mind, or it could mean he is planning to take care of you in some other fashion, but there is no way to know what his intentions are. You did not provide a sufficient factual basis to enable anyone to give you advice. So, if you are... Read more »

2 Answers | Asked in Divorce for New Jersey on

Q: My husband and I have been married for 6 years and separated for 1 year of those 6 I would like to file an annulment.

I’m not going to take him for child support and am working with him on getting the children in the weekends.

Teresa L. Reichek answered on Aug 1, 2019

In order to get an annulment in New Jersey you need one of the underlying grounds. These are:

1. Fraud or lies were used to trick one of you into agreeing to the marriage;

2. Bigamy;

3. one of you was under 18 when you married and you have not had sexual relations since...
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2 Answers | Asked in Divorce, Child Custody and Child Support for New Jersey on

Q: What happens if I cannot afford a divorce?

I make 65k a year, my wife makes 120k a year. We have 2 kids 1 & 4 in daycare that costs 2k a month. About how much would by monthly obligation be if we divorced? I would prefer 50/50 custody however I can see it being 30/70 in her favor due to my undesirable living arrangements after the... Read more »

Leonard R. Boyer answered on Aug 1, 2019

You cannot afford not to retain an experienced matrimonial attorney. You are making too many assumptions that are not "real". You need to have an in person consultation right away to enable you to know what reality is and what to expect.

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for New Jersey on

Q: Does My Wife (cuz we’re legally married but we’re separated) needs to sign In order to refinance?

I bought a house in NJ (in 2018) and I’ trying to refinance, I’m married (not in the USA) but in a process to get divorced, the house is not the principal matrimonial residence and she is not in the title, because NJ is a Dower State, Does she needs to sign any paper because a dower interest?

Leonard R. Boyer answered on Jul 30, 2019

Unless both parties sign and cooperate, there will be no refinance. However, NJ is an equitable distribution state, not a dower state. The concept of dower is totally irrelevant to NJ law. You need to retain an experienced matrimonial attorney who also practices real estate law to represent you in... Read more »

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2 Answers | Asked in Divorce and Immigration Law for New Jersey on

Q: I married an illegal immigrant (crossed border) and filed an 1-130, is it too late to file for an annulment?

I have been married for a year and some change now and have not consummated my marriage. I already filed an 1-130, but do not want to continue the process. Is there anyway that I could get an annulment? Will i still be financially responsible if I get a divorce instead of an annulment?

Bari Weinberger answered on Jul 12, 2019

Thank you for your question. I'm sorry that your marriage is ending. There is no time limit wherein an annulment must be filed. You can file for an annulment at any time during the marriage. As such, you are free to certainly do so if the relevant factors are present. Fraud is one such factor. With... Read more »

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3 Answers | Asked in Divorce for New Jersey on

Q: In NJ when filing a uncontested divorce do you have to wait 35 days or more after papers are served if you both agree?

Teresa L. Reichek answered on Jul 8, 2019

The opposing party has 35 days to file a responsive document. Once he or she files an Answer, Counterclaim, or just an Appearance the matter will move forward. You should always consult an experienced family law attorney. There are other documents that need to be filed, even if you both agree.... Read more »

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2 Answers | Asked in Divorce for New Jersey on

Q: I need a divorce but have no income..pls help

Leonard R. Boyer answered on Jul 6, 2019

All you will need to do is contact New Jersey Legal Services for an attorney to represent you.

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1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for New Jersey on

Q: I am being garnished Alimony and Child support based on a $150,000 salary i made 6 years ago, i make 92k now. Help

I cant survive on my salary and paying 65% of it, I cant pay full Alimony and I am behind over $205k I cant afford a lawyer i am 58 broke and have no savings. The court is draining me. IS there no one that can help me?

Teresa L. Reichek answered on Jun 26, 2019

You need to find a experienced family law attorney who can file a motion on your behalf requesting modification due to a change in circumstances. You should be prepared to fill out a new set of financial forms and be able to explain why your income has been reduced and why it is unlikely to be... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for New Jersey on

Q: What can I do if I'm paying child support and cannot afford living arrangements for myself

living homeless And getting a second job results in payment being separated between both jobs and my ex wife is undergoing cancer treatment and has not been employed

Brian Winters answered on Jun 7, 2019

Maybe the child support is not commensurate with the child support guidelines. You should consult with an attorney to find out.

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2 Answers | Asked in Divorce for New Jersey on

Q: Hi I’m a recently divorced mom of two children. My divorce was finalized on May 12 and I share custody with my x husband

Due to verbal abuse I fled my home as he refused to leave. He now has the house and I rent. I’m not working quite f/t yet but taking as many hours as I can. He is supposed to pay for reasonable child activities but either says no or doesn’t answe me. Please can you help? I had to borrow the... Read more »

Andrew M Shaw answered on Jun 4, 2019

You should likely first have an attorney write a letter to him on formal letterhead, sent via regular and certified mail, demanding immediate payment and threatening to take legal action if he does not comply with the divorce judgment. Second, if he refuses or fails to respond within a specified... Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on

Q: Ex wife filing for child support after years since finalized divorce. Can she get back child support?

It’s been over 4 years since divorce finalized. We agreed to certain amount per month. Shes now filing for child support and wants it starting from divorce date. Would I have to pay?

Brian Winters answered on Apr 24, 2019

No, there’s anti-retroactivity statute

2 Answers | Asked in Divorce for New Jersey on

Q: 18mth phys sep NJ, wife of 8yr, payin 150/mth based on verbal.Wil I hav 2pay mor once divorced? I make 2x’s mor then her

I have been physically separated in NJ for 18 months, paying $150/month to my wife of 8 years. I want to file for divorce. Will I likely have to pay much more than that in alimony since my wife has been able to live with her income plus my $150/month I have been paying her without financial... Read more »

Leonard R. Boyer answered on Mar 25, 2019

Your questions and concerns require an in person consultation with an experienced matrimonial attorney. There are numerous factors that the Court will consider, but your case is extremely unlikely to go to trial. If both you and your not yet ex-wife retain counsel, a settlement agreement can be... Read more »

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1 Answer | Asked in Divorce and Child Support for New Jersey on

Q: Hello. I’ve received a motion from my ex husband to lower child support and I need to know how to respond

Andrew John Economos answered on Feb 28, 2019

If you are able, I would first suggest that you contact an experienced family law attorney to assist you. I have seen it too many times where a litigant attempts to go it alone and receives an unsatisfactory outcome, only then to seek out the assistance of counsel. By that point, it is often too... Read more »

1 Answer | Asked in Divorce for New Jersey on

Q: Hello, how long would it take for me to finalize my divorce. DOCKET # FM-07-002811-18-D

I hired my lawyer in February 2017 and it is still not finalized. Last communication the lawyer did with me is January 5, 2019.

Andrew John Economos answered on Feb 28, 2019

There is no set time frame on how long it should take. The courts strive to have your matter concluded within 12 months, but that may not be realistic depending upon the complexities of each case, coupled with the number of cases in a particular county (Essex is notorious for having heavy case load... Read more »

1 Answer | Asked in Divorce for New Jersey on

Q: Can the defendant in a divorce case seize the electric generator

Does a Emergency generator for electricity connected to a home become a asset in a divorce case to be split?

Leonard R. Boyer answered on Feb 23, 2019

Yes, but with an experienced matrimonial attorney, everything can be negotiated.

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