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New Jersey Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can my ex husband leave our 12 year old daughter home alone overnight while he's working night shift?

My ex started working a full time overnight position leaving our 12 year old daughter home alone on his nights which are Wed, Thursday and every other Friday. He kept this a secret until my daughter finally told me. I'm highly concerned and I live 6 minutes away, however he's so... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Jun 18, 2024

In deciding whether to modify custody, the Court considers whether there has been a change in circumstances and whether a change to the custody schedule would be in the child’s best interests. A judge may decide that your ex leaving the child alone at night is a change in circumstance and that... View More

2 Answers | Asked in Family Law and Divorce 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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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Is there a different process for seeking an annulment versus a divorce?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

Depending on a variety of factors obtaining an annulment can be more difficult than a divorce. The process is very similar. You need to retain an experienced matrimonial (divorce) attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a... View More

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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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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

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2024

You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... View More

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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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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.

Bari Weinberger
Bari Weinberger
answered on May 28, 2024

Thank you for your question. The fact that you have been separated since 1995 - app. 30 years and living in your own in my opinion we preclude you getting alimony.

The other issue is that a separation does not stop the clock on the marriage as only filing a divorce complaint would do that....
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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
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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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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2 Answers | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Ex was awarded 1/2 my pension. He’s behind in child support. Will this be garnished if still unpaid when I retire?

He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be... View More

Richard Diamond
Richard Diamond
answered on Apr 20, 2024

Start with the presumption that his share of the pension will not be garnished. If there are arrears outstanding from his child support obligation, you need to file an application with the court and ask the court to enter an order imposing a garnishment on his share of your pension for repayment... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Ex was awarded 1/2 my pension. He’s behind in child support. Will this be garnished if still unpaid when I retire?

He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be... View More

Bari Weinberger
Bari Weinberger
answered on May 9, 2024

Thank you for your question. I am sorry that your ex is behind in child support. Yes, in most circumstances, private pensions (but not social security) can be garnished. However, it is not “automatic.” You will likely need to make an application to the Court to establish the garnishment. I... View More

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I am looking to file for divorce in the state of New Jersey. I am not sure if my partner had already filed.

Na

Allison Kruk Ormond
Allison Kruk Ormond
answered on Apr 18, 2024

If your partner filed for divorce, typically they would have you “served”, meaning you would be given a copy of the divorce complaint and any ancillary documents. If your partner has an attorney, you can also contact their office to inquire about the status of any complaint/filing. If your... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Apr 18, 2024

If you and your spouse have been waiting for a Final Judgment of Divorce back from the Court, it may be worth it to contact the Family Division in Hudson County and inquire as to the status of your matter. The phone number is available on the New Jersey Superior Court website. It may be that the... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Hello, My x-wife and I have amicably agreed to a modification of alimony, how do I do that? Thanks.

I have been unemployed for +1yr but have recently taken a +50% decrease in salary to work. My x-wife and I have a great relationship and both agree to new terms. I just don't know how to file paperwork to make this happen.

Allison Kruk Ormond
Allison Kruk Ormond
answered on Apr 18, 2024

When spouses agree on a modification to their Final Judgment of Divorce (such as an agreement to modify alimony) they can memorialize that agreement in writing and file what’s called a consent order with the Court. Before filing, both parties should sign the written agreement indicating they... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can an appraiser use pictures of items if spouse refuses to meet appraiser in divorce?

Spouse has luxury watches. He provided me with pictures of them. He is refusing to meet with appraiser and bring watches. If appraiser uses pictures instead of actually inspecting watches, is that called hearsay?

LaDonna M. Cousins
LaDonna M. Cousins
answered on Apr 18, 2024

Consider interviewing a couple appraisers to inquire and compare their rates. You may also consider filing a Motion with the Court asking the Court to compel your spouse to participate in the appraisal, to make a negative inference against your spouse if they refuse to participate, and to reimburse... View More

2 Answers | Asked in Family Law, Child Custody and Divorce for New Jersey on
Q: I’m married with a 4 year old child. My wife wants to separate. move to Florida and take my daughter. She wants me to

Honor her wish without me fighting for my daughter to be close to both of us. I’m willing to let her go but not permanently. How should I handle this

Allison Kruk Ormond
Allison Kruk Ormond
answered on Apr 18, 2024

This sounds like a difficult decision at an emotionally charged time. I would strongly recommend taking a pause before consenting to the move. When parties are going through a divorce, it can sometimes feel easiest in the short term to just agree and minimize conflict. However, long-term, just... View More

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2 Answers | Asked in Family Law, Child Custody and Divorce for New Jersey on
Q: I’m married with a 4 year old child. My wife wants to separate. move to Florida and take my daughter. She wants me to

Honor her wish without me fighting for my daughter to be close to both of us. I’m willing to let her go but not permanently. How should I handle this

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2024

This could be done straightforward basis except for the part about it not being permanent. After about 1 year, the child's home state becomes FL. and your chances of achieving your objective diminish substantially. You should probably rethink this entire situation. There is no easy answer and... View More

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2 Answers | Asked in Divorce for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

Richard Diamond
Richard Diamond
answered on Apr 9, 2024

I agree that Hudson County is one of the worst in the state for delays in the family part but it may also mean that your papers got lost or are sitting someplace with dust accumulating on them. Your lawyer should be able to tell you which judge the matter is assigned to and he / she should have... View More

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2 Answers | Asked in Divorce for New Jersey on
Q: How long it takes in hudson county after MSA been filed been there waiting for more than year in an uncontested divorce?

Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More

LaDonna M. Cousins
LaDonna M. Cousins
answered on Apr 9, 2024

It is true that Court is backed up. I have found writing letters briefly explaining the concern and requesting a short conference with the Judge coupled with regular calls to the Judge's chambers assigned to the case (or the Presiding Judge if no Judge is assigned) to be helpful in getting a... View More

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I voluntarily agreed to pay my ex wife alimony. I’ve been paying her for 10 years now and she remarried. Can I revoke it

The agreement doesn’t specify termination date

Flavio Van Boekel
Flavio Van Boekel
answered on Mar 29, 2024

If your agreement is silent as when Alimony should end and your ex-wife has remarried, you should retain an experienced attorney to file a notice of Motion to terminate alimony. Remarriage is one of the legal grounds for termination of alimony unless an agreement or order states otherwise. In your... View More

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