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New Jersey Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Can the arrears ex owes me - they are mostly for child support, be counted retroactive for 5 years of cohabitation?

I divorced in 2013 due to DV. Contract states 250/week child support, 500/month alimony.

At time of divorce - 11 year marriage/2 children - I was undocumented and had no education as we decided to stay in USA to get his career going and I left University in Canada where I was a permanent... Read more »

Bari Weinberger
Bari Weinberger answered on Sep 18, 2020

Thank you for your question. I am sorry you are going through this situation. To answer your question, alimony arrears and child support arrears are treated differently. Child support arrears are only retroactive to the date of the order or filing of the complaint -depending how the judge entered... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: Divorce Enquiry - Pro-bono

Good day. I am making this enquiry on behalf of my sister-in-law. She is a South African citizen living the US for about 5 years. Husband made an application for divorce and she needs help on her side. Unfortunately, she does not have capital to take this case on her own.

Tim Akpinar
Tim Akpinar answered on Sep 16, 2020

This is a question that a divorce attorney could best advise on, but you await a response for three weeks. Until your sister-in-law is able to contact a divorce attorney, there are resources listed here on Justia under the heading "New Jersey Divorce Legal Aid & Pro Bono Services."... Read more »

2 Answers | Asked in Divorce and Employment Law for New Jersey on
Q: My husband recently retired. Shouldn’t I be getting half of his retirement benefits? Separated for 8 years and married

for 35 years. Last year he said I would be receiving money at the beginning of this year. I haven’t received anything. I stayed home and raised our three kids, never asked for anything from him. Suddenly he won’t speak to me. Should I call his former company for information or should I hire... Read more »

Richard Diamond
Richard Diamond answered on Aug 24, 2020

I gather you and he are not divorced. If you are not divorced, then the only way that you are going to share in his retirement benefits is if you file for divorce and as part of the divorce process, a qualified domestic relations order (QDRO) is entered in your favor, dividing his retirement... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: My wife and I separated September of last year. The cat stayed with me. She abandoned him and then stole him. NJ Statute

She never asked about cat at all for months. I paid the vet bills. I took care of him. He was my domestic companion animal that was with me through my marriage and seperation. She came to my home and cat-napped him, and she let me worry for days until I asked her if she took him. What NJ Statute... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 14, 2020

Since you live in NY, you will need to retain an experienced NY matrimonial attorney and all of these issues will be worked out during the course of the divorce proceeding. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: What can my sister do to have proceeds from sale of house (due to divorce) released?

Divorce was over a year ago. House needed work to get it sold and it did eventually sell. Ex-husband paid for repairs, but will not provide receipts to attorney so that proceeds can be adjusted and released. He is dragging his feet on purpose so that she will eventually become destitute. What... Read more »

Richard Diamond
Richard Diamond answered on Aug 10, 2020

Your sister's lawyer should write a letter to the former husband / his lawyer demanding the release of your sister's share of the proceeds / details of any claim of adjustment to her share, based on his claim of entitlement to credits for repairs ( if permitted under the terms of the... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: Property question in my divorce

If I own a home and it was my homestead, but not the marital residence previous to my marriage, am I obligated to give her 1/2 of that property in addition to 1/2 of the marital residence, which was also a family owned home of mine.

Richard Diamond
Richard Diamond answered on Aug 6, 2020

It would be irresponsible for me or any other credible family law attorney to give you a yes or no answer to your question. You need to schedule a consultation with an attorney in this office or with another family law attorney to review all of the applicable background information for the... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: IF I CLAIMED NO ASSETS TO ANY PROPERTY CAN I STILL GO FOR HALF OF THE EQUITY IN MY WIFES HOME WHEN WE DIVORCE.

I FILED FOR BANKRUPTCY AND IT WAS DISCHARGED. I CLAIMED I HAD NO ASSETS IN ANY PROPERT. MY WIFE AND I ARE GETTING A DIVORCE CAN I GET A LAWYER TO ONTAIN HALF OF THE EQUITY IN THE HOME. SHE PURCHASED THE HOME ON HER OWN 1 YEAR AFTER WE MARRIED IN THE STATE OF NJ.

Richard Diamond
Richard Diamond answered on Aug 5, 2020

If assets were acquired during the course of your marriage, there is a presumption that those assets are subject to division in a divorce, including assets acquired in one parties name alone. My suggestion is that you come in to the office for a consultation, so that we can discuss the bankruptcy,... Read more »

3 Answers | Asked in Divorce for New Jersey on
Q: Can I get alimony?

Me and my husband have been separated for 2 years he threw away all of my belongings and I just found out today that his girlfriend is two months pregnant and wanted to know if I can get alimony from him?

Leonard R. Boyer
Leonard R. Boyer answered on Jul 25, 2020

The answer is probably not. You have been living separate and apart for two years, so there would be a strong argument against it. The fact that your not yet ex-husband has a pregnant girlfriend is not a factor. What you need to do is have an in person consultation with an experienced matrimonial... Read more »

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2 Answers | Asked in Bankruptcy, Criminal Law, Divorce and Family Law for New Jersey on
Q: Need to know, does one need to show their martial-status on the deed of ownership in NJ? Thinks 25% is his.

Believe a man I love is being wronged and abused, for years; by one he thinks is his wife. After hearing from his family I've investigated; what's found is shocking?! This woman pushed him into marriage by having a child; And in 5 yrs 6 ms 19 ds, now…!? From " I Do"... Read more »

Timothy Denison
Timothy Denison answered on Jul 20, 2020

Yes. Single or married.

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1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: How long do the terms of divorce decree remain in affect.

Now that our son is 18 and in college am I (custodial parent) still bound by the joint legal guidelines of our divorce decree? Do I still have to communicate with non-custodial and provide info on healthcare, school, etc. as I did in the past when he was in high school? Our only form of... Read more »

Richard Diamond
Richard Diamond answered on Jul 10, 2020

Your request focused on whether you still need to provide information to your ex about your son ( who you say is now in college). Under a joint legal custodial plan setting ( without reading your agreement) presumably requires communication about major decisions affecting your son's health... Read more »

2 Answers | Asked in Divorce, Immigration Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How do I find an attorney in New Jersey when I'm not sure which type to look for as my issue overlaps specialties?

I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 8, 2020

A lawyer would really need to hear all your issues to determine the answer to your question. Second you may need more than one attorney, but its best again that the attorney recommend someone he knows so that they can work well together. It all starts with a phone call so start calling around.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: I’m looking for a lawyer to represent me in Burlington County New Jersey for a custody/divorce MSA.

Can a judge order a show of cause restricting Interstate visitation citing imminent or irreparable harm because of covid-19?

Richard Diamond
Richard Diamond answered on Jun 24, 2020

Given the current pandemic rules in place, the family court system is handling motion practice, case management and some forms of trials through Zoom videoconferencing, so the cost of the retention of counsel is easier since we dont have to drive back and forth to Burlington County.

Our...
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1 Answer | Asked in Divorce for New Jersey on
Q: Can either party in an irreconciliable difference divorce file motion to dismiss if they’re still sleeping sexually ?
Richard Diamond
Richard Diamond answered on Jun 22, 2020

The question is not whether you can file an application with the court, seeking to dismiss the other party's complaint for divorce. The real issue is whether your application will be successful. The answer is NO. Irreconcilable differences does not mean that the person hates you or no longer... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Can I file for visitation and custody arrangements before a divorce has started?

I am currently on child support in NY state and my estranged spouse and I both reside in NJ state. We have been living apart for 5 years and I am currently being denied physical access to my 11 year old child.

Richard Diamond
Richard Diamond answered on Jun 19, 2020

The short answer is that you can file an FD complaint for visitation and have a family part judge enter an order for parenting time. But if you and she have been apart for 5 years, maybe its time to file the divorce action and then the application for parenting time as part of the divorce.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: I am looking for a lawyer who specialize in family law. I need to get a divorce from my husband. I have 3 children

I reside in East Orange, NY

I own a 2 family house with my husband

Richard Diamond
Richard Diamond answered on Jun 12, 2020

My practice and my firm specialize in divorce and family law matters in north & central NJ and I am a certified divorce & family law trial lawyer by the NJ Supreme Court and an accredited family law mediator and arbitrator. If you would like to schedule a consultation with me or my partner... Read more »

3 Answers | Asked in Divorce for New Jersey on
Q: I have an asset overseas... is that part of any divorce settlement?
Andrew M Shaw
Andrew M Shaw answered on May 26, 2020

It depends on when and how you acquired that asset, but in most circumstances, the answer is yes.Generally, all property acquired during the marriage is subject to equitable distribution regardless of its location. There are, however, some exceptions. For example, property acquired before the... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: My wife and I divorced after 30 years. We had an insurance policy where I am the beneficery. Company says they can't pay

me because it's not in the divorce decree so I'm no longer the beneficiary. Is this true or can something be done?

Leonard R. Boyer
Leonard R. Boyer answered on May 5, 2020

Nothing can be determined without a review of the divorce decree and a copy of the policy.

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1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Continuation of Child Support request for child who is transferring from Community College to College - Procedure?

My daughter has always been an A student, her GPA has always been high and is 3.9 right now; she is part of the Honors Program/Phi Theta Kapha and she has been included in the deans list several times; she works really hard; my ex-husband is informed and we have worked on this together. He knows I... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2020

You need to sit down with your former husband immediately to discuss your daughter going on to a 4 year school, since the issue will be whether she will live at home while attending college or whether she will be living at school while attending college. Those are 2 very different scenarios and... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: I was a filipino citizen when I filed for divorce in US to wife in the Philippines. Now, Us citizen. Is it recognize?
Richard Diamond
Richard Diamond answered on Apr 28, 2020

If I understand your question correctly, you were a Filipino citizen and you filed a complaint for divorce in the United States against your wife (who was also a Filipino citizen) and presumably, you obtained a judgement of divorce against your wife. Since obtaining your judgment of divorce, you... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: How to continue child support for child who will transfer from Community College to College?

My daughter finishes community college next month; she will finish her Associates Degree course and will try to finish the last two years after she transfer to a four year college; My daughter has always been a A student, her GPA has always been high and is 3.9 right now; she is part of the... Read more »

Richard Diamond
Richard Diamond answered on Apr 17, 2020

You are mixing apples with pineapples so hopefully we can sort out a few items in this discussion. The law in NJ presumes that a child is emancipated upon graduation from high school BUT if a child goes on to college, 99.9999975% of the family law judges in this state are of the opinion that... Read more »

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