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I inherited a farm from my grandmother about 50 years ago, and the farm is solely in my name. I have been married to my spouse for 43 years, and we live on the property together. Occasionally, we rent out one of the two houses on the property. There have been no loans or prenuptial agreements... View More 
answered on Mar 7, 2025
While statutorily an inheritance is not subject to division in a divorce, there are a million exceptions to that can apply and this is where you need to sit down with an experienced family law attorney to examine the history of this property, any improvements, pay down of any mortgage obligations,... View More
I inherited a farm from my grandmother about 50 years ago, and the farm is solely in my name. I have been married to my spouse for 43 years, and we live on the property together. Occasionally, we rent out one of the two houses on the property. There have been no loans or prenuptial agreements... View More
answered on Mar 7, 2025
A lot depends on how long you have had it and whether you used marital assets to sustain the property or used estate assets. A judge will also look at the fact that the spouse did live on the property. I suggest you setup an in person consultation with a lawyer to determine what is most likely to... View More
I need my divorce decree amended to allow me to revert to my pre-marriage last name. The decree was issued about 23 years ago in Myrtle Beach, South Carolina, and I haven't initiated the amendment process yet. I'm currently living in New Jersey and need to take care of this due to my... View More
answered on Feb 27, 2025
You might consider doing what others in your position have done - Docket the divorce decree/Judgment of Divorce here in New Jersey in order to obtain a New Jersey docket number. Then file a Motion under that docket number to resume the use of your maiden name. The court's website offers some... View More
My wife and I have been together for two years but married for only four months. She initially petitioned for me with an I-130, and we are currently in the process. However, we live with her mom, and now she is unwilling to continue with the process, often arguing with me and expressing her desire... View More
answered on Feb 18, 2025
If she wants to stop the process and get a divorce, you really cannot do anything unless you are the victim of either her physical, emotional or mental abuse. If that is the case, then you may apply ,independently of her, for a green card under the violence against woman act more commonly referred... View More
I'm in NJ and about to start a divorce action as my wife was having an affair with a married man and much of their communications was done using email according to her. She has given me some of those emails, but there are many more which are now deleted. I understand that I must prove that the... View More
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answered on Feb 14, 2025
You need to retain an experienced matrimonial attorney to represent you in this matter. In New Jersey the grounds for divorce have no effect at all on the economic issues or property issues. But if you can prove or provide your attorney with proof that your not yet ex-spouse is actually living with... View More
Property is in Nj and was inherited before meeting husband. Would be buying in either FL or PA in cash in just my name.
answered on Dec 11, 2024
To ensure the asset is separate and to protect it from any claims that could be made, consider entering into a Post-Nuptial Agreement. The Post-Nuptial Agreement can confirm that it is both of your intention to keep your inherited property as well as any subsequent asset you purchase or acquire... View More
My sister recently died in a nursing care facility in NJ. Her husband deserted her two years previous and because of the uninhabitable state of the rented marital home that the landlord did not repair as well as her illnesses, she had to move to a facility. She could not drive or operate a... View More
answered on Dec 4, 2024
Depending on the status of the divorce matter, there may be a proper basis to undo his receipt of monies in her accounts but im not sure that the process and expense will be worth it, given the cost of retaining counsel, review of the status of the divorce matter, etc to justify the payment of a... View More
my spouse left me after 10 years, just walked out flew around the world in 30 day to someone else, they were talking before it ended. not sure if that matters, we aren't divorced yet.
we rent, I told her to take whatever she wante in apt, I gave her one of the cars, it was old, she... View More
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answered on Nov 21, 2024
Marital assets and debts are considered in the equitable division of a marital estate. In New Jersey, the statute governing the equitable division of marital property in divorce cases is found in N.J.S.A. 2A:34-23. This statute outlines the guidelines for the division of assets and liabilities in... View More
answered on Oct 21, 2024
It depends. The fact that there may not be assets to divide, does not mean that there is no potential entitlement to support. The starting point of that inquiry is whether there is a difference between the party's income settings, who occupied what role in the marriage and how long the parties... View More
answered on Oct 21, 2024
The answer depends on several factors. The factors are detailed in the statute. The factors include, but are not limited to, each of the parties' incomes, the parties' lifestyle during the marriage, a party's need, a party's ability to pay, childcare responsibilities, and more.... View More
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answered on Oct 21, 2024
Having no assets alone does not negate the possibility of an alimony support obligation.
Alimony is intended to enable the supported spouse to share in the economic rewards of the marriage, occasioned by the paying spouse's income level. Considerations in whether an alimony support... View More
The statute, 2A:34-23b, enacted prior to the PSA replaced “permanent alimony” - the outmoded term used in the PSA - with “open durational alimony,” along with various equitable factors to be considered in determining alimony.
answered on Aug 30, 2024
In September of 2014, the alimony statute in NJ was changed to delete the word "permanent" and replace it with the words "open durational", so I start off with the presumption that the statute controls as to termination events as long as the language in your agreement does not... View More
Also for funds we transfered in 2012 in a European bank account which the money has been spent by both parties
answered on Sep 9, 2024
When a party to a divorce claim that an asset is immune from distribution, it is his / her burden to prove its immunity. You cannot simply say that I got this asset as a gift or I got this asset from an inheritance and therefore she has no claim to share in it. You have to provide a complete... View More
Also for funds we transfered in 2012 in a European bank account which the money has been spent by both parties
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answered on Aug 26, 2024
You need to have a consultation with an experienced matrimonial attorney to review the documents and situation in detail and let you know what your options are. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More
Divorce decree states Ex is to provide proof of policy each year. He ignores my requests. I believe the policy has lapsed. We decided on alimony amount, no calculation was done. Paperwork does state amounts made at the time. Both of our incomes have increased. Am I risking my alimony being... View More
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answered on Jul 27, 2024
You need to retain an experienced matrimonial attorney to evaluate your situation and draft and file the appropriate motion. You should expect to pay for an hour of attorney time for an evaluation of your situation and learn the risk/reward of filing a motion. Pick the best attorney you can find... View More
New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More
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answered on Jul 21, 2024
To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More
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
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
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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
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... View More
They also did answer each Interrogatory and Document Request, albeit with massive deficiencies.
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... View More
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