Get free answers to your Divorce legal questions from lawyers in your area.
My husband wants a divorce through a marriage settlement agreement (MSA) that I disagree with. The MSA is in a rough draft and hasn't been officially served through the court system. I am currently allowed to withdraw from a deferred compensation for legal fees, which he seems to be targeting... View More 
answered on May 1, 2025
To hire counsel, your husband paid a retainer. Presumably, he took the money to hire counsel from an account in which he has an interest (unless he borrowed the money from someone). For you to hire counsel, you will also need to pay a retainer and presumably, you will need to take money from an... View More
I was divorced in New Jersey, but I am now living in Pennsylvania as the custodial parent. The existing child support provisions are based on New Jersey state law. My children are 19 and 16, and the 19-year-old is enrolled full-time in college. There have been court order changes since the... View More
answered on Apr 24, 2025
Your question is covered by the Uniform Interstate Family Support Act (UIFSA) since it addresses the issue of a form of child support - college contribution. The issue is whether as a result of your move to Penn, does Penn law now apply to the issue of contribution for college, since the laws in... View More
How and what do I do to enforce the settlement.
answered on Apr 23, 2025
It depends on the issue outstanding. If the issue has to do with enforcement of child support or custody / parenting time, there are uniform laws applicable to determine which state has jurisdiction. If the issue has to do with equitable distribution, that is different issue and different rules... View More
How and what do I do to enforce the settlement.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2025
Under the Uniform Enforcement of Foreign Judgments Act (UEFJA), to enforce the terms of a settlement from an out of state divorce judgment you’ll first need to domesticate (legally recognize) the Ohio judgment in Illinois where the obligor/ offending party resides. After this is done you can... View More
I am a retired teacher in New Jersey and have been married for 50 years. I earned my degree before the marriage, and the district paid for additional courses, which added to my pension. How is my pension divided during a divorce, considering these factors?
answered on Apr 19, 2025
Lets start with the fact that you were married for 50 year and presumably, 100% of your employment as a teacher occurred during your marriage. As to your education prior to your 50 years of marriage, its meaningless as to how a judge will divide up the pension benefits. As to your educational... View More
I have had a Final Restraining Order (FRO) against me by my wife for 35 days during an ongoing 8-month divorce process. I am a law enforcement officer with 9 years of experience and the primary health insurance provider for my family. I received the FRO after a TRO hearing regarding turning off her... View More
answered on Apr 15, 2025
Anyone telling you that you are going to get a Carfagno hearing on dismissal of the FRO against you in the past year is pulling your leg or worse. What I dont understand is why are you telling me about the underlying reason for the issuance of the FRO (turning off her cell phone)?
You went... View More
I'm seeking guidance on the equitable distribution of marital property during a divorce. My spouse and I lived together for three years before purchasing a house using money from my bank account, with the title initially solely in my name. We got married two years later and, seven years... View More
answered on Mar 29, 2025
The easy answer is that you should meet with a divorce lawyer for a consultation to discuss all of the issues outstanding in your matter BUT, without knowing anything more, candidly, you will lose this argument before a judge and the proceeds will be divided equally.
Here are several... 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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
