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New Jersey Divorce Questions & Answers
3 Answers | Asked in Contracts, Divorce and Family Law for New Jersey on
Q: In a premarital agreement, can you make a specific clause that only takes effect if one of the parties files for divorc
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 29, 2020

Yes it can be done but just like anything else it needs to be properly drafted. I suggest hiring a good lawyer to represent you and if the other party isn't represented make sure they have a lawyer on their side as that is how most of these prenuptial Agreements are invalidated.

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2 Answers | Asked in Divorce for New Jersey on
Q: Can G4 visa holders file for divorce in NJ.

My self and my wife are legally in the USA since 2008, under G4 Visa ( which is a non-resident visa, for working in an international organization) can we file for divorce in NJ. Does the courts has jurisdiction in NJ?

Andrew M Shaw
Andrew M Shaw answered on Mar 27, 2020

Yes, absolutely. The fact that you reside in the United States under a G4 visa has no impact on the jurisdiction of the State of New Jersey to grant a judgment of divorce. Generally, the sole requirement for jurisdiction over a divorce in New Jersey is residency for a period of one year.... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: Need advice about divorce qdro

My ex husband retired , and we have a qdro and I didn’t get any money he retired years ago he didn’t tell me when he retired either. What can I do or what should I do?

Bari Weinberger
Bari Weinberger answered on Mar 26, 2020

Thank you for your question. I understand how concerned you are regarding your former spouse’s retirement and not receiving your share of his retirement under the QDRO. One purpose of the QDRO is to ensure you receive your share of this marital asset. Immediate action should be taken to further... Read more »

4 Answers | Asked in Divorce and Immigration Law for New Jersey on
Q: what would someone need to get to the US

if the guy i was arranged to marry tries to use our verbal marriage certification, would it work?

Svetlana Kats
Svetlana Kats answered on Mar 25, 2020

Hi there! No, verbal marriage arrangement will not work for immigration purposes- you need a real official marriage certificate.

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2 Answers | Asked in Domestic Violence, Divorce and Immigration Law for New Jersey on
Q: I am a foreigner who married to a US Citizen,a 2 yr conditional GC holder. Domestic violence victim,what are my rights?

I have already a protection order against him and He filed already a divorce and we have pre-nuptial agreement. As a 2 years greencard holder(he took my greencard)what will be the best way to do?he said that he return the card to USCIS,is that possible? What is my right as his wife? Is he still... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Mar 21, 2020

Retain a legal aid free attorney to file a VAWA petition. Inquire at the women’s shelter.

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1 Answer | Asked in Divorce for New Jersey on
Q: is a verbal marriage considered a real marriage? someone is using me to get a visa, how may i prevent that?

i was in an arranged marriage, it was religiously done by verbal consent. is this enough proof for him to be able to enter the states?

Leonard R. Boyer
Leonard R. Boyer answered on Mar 15, 2020

Especially in the current state of the world, I seriously doubt he can enter the U.S.

1 Answer | Asked in Divorce for New Jersey on
Q: I filed a with the court a Family Part Case Information statement and now my wife lawyer want to have my case dismissed.

My wife lawyer want a copy that I sent to the court but the court has the only copy can they get the copy from the court?

Teresa L. Reichek
Teresa L. Reichek answered on Mar 10, 2020

The many rules and procedures of the Courts can be confusing to a layperson. This is one of many reasons why you should retain a competent family law attorney.

To answer your question, whenever you file anything with the Court you are required to also send a copy to opposing counsel. It is...
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1 Answer | Asked in Divorce for New Jersey on
Q: I filed with the court a Family Part Case Information statement and now my wife lawyer want to have my case dismissed.

My wife lawyer want a copy I sent to the court but the court has the only copy, can the lawyer get the copy from the court?

Ivan Raevski
Ivan Raevski answered on Mar 9, 2020

you need to send your wife's lawyer a copy of anything you file with the Court. I don't think they will dismiss the case based on this but the Court rules state that all documents must be served upon the opposing party or their counsel. So going forward you must follow the rules.

1 Answer | Asked in Divorce for New Jersey on
Q: my ex wife was awarded $27,000 from my 401k 2 years ago.its still in my 401k, is there a statute of limitations ?

i assume she has to open a 401k on her own, or through a employer. does she have a limited amount of time to remove the money, or can she leave the money in my 401k as long as she wants........thank you

Teresa L. Reichek
Teresa L. Reichek answered on Mar 9, 2020

That's an excellent question. There are may factors involved. If a proper QDRO (Qualified Domestic Relations Order) was executed and she chose the option of receiving payments when you retire rather than opening her own retirement plan, then it would make sense that the full balance is still there... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: I brought my home with my home with my military deployment money my wife is not on the loan. do I have sell my home?

I am on disability and do not work do my spouse get my home in the divorce since I paid for it with my deployment money and she was unfaithful and pay no bills since she move into the house? Can I ask her to move out?

Leonard R. Boyer
Leonard R. Boyer answered on Mar 9, 2020

The grounds for divorce in New Jersey have nothing to do with the economic issues. Your situation will require an in person consultation with an experienced matrimonial attorney to provide meaningful answers and guidance. You should retain the best attorney that you can afford.

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2 Answers | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Looking for a divorce lawyer I am a stay at home mom with 3 kids and am looki g for a lawyer that offers pro bono servic
Sara B Cohen
Sara B Cohen answered on Feb 23, 2020

You may want to consider contacting one of the bar associations in New Jersey (such as the Mercer County Bar Association). Depending on your specific circumstances, that organization may be able to connect you to a lawyer who offers discounted legal services.

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1 Answer | Asked in Domestic Violence and Divorce for New Jersey on
Q: I moved out over a year ago, kids are with me, I have a restraining order against him. Is he entitled to any of my money

I have supported myself and our kids the past year. Is any money I make and get back from tax returns considered marital assets?

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

You are asking for an answer to a question, that is in effect in a vacuum. You really need to retain an experienced matrimonial attorney and file for divorce. NJ has no such thing as legal separation.

1 Answer | Asked in Divorce for New Jersey on
Q: what is the first step in a divorce process? In which circumstance will I not to to separate 18 months prior?
Teresa L. Reichek
Teresa L. Reichek answered on Feb 12, 2020

Thank you for your question. I know that contemplating divorce can be very stressful. The first step is to confer with an experienced family law attorney. A consultation will allow the attorney to explain your rights and make you aware of the process.

Procedurally speaking, a Complaint for...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I am 17 and have divorced parents. I want to live with my mom full time. Do I need to be 18 to choose who to live with?
Leonard R. Boyer
Leonard R. Boyer answered on Jan 26, 2020

Your mother has to retain an experienced matrimonial attorney to obtain a change of custody and at the age of 17, the Court will take into consideration your wishes. However, that alone will not be the deciding factor for the Court.

1 Answer | Asked in Gov & Administrative Law and Divorce for New Jersey on
Q: dmv gave me state id with wrong last name I have a court order for the last name changed back to my maiden name

I have a court order for the change and the seal with it my soc sec card was changed back to my maiden name but dmv will not give me a new id and I lost a job because of it what can I do

Leonard R. Boyer
Leonard R. Boyer answered on Jan 21, 2020

First I suggest that you see someone high up in the management of the DMV in Trenton. Next retain an attorney to get this matter resolved. Good luck. But you will not be able to sue the DMV for your damages.

1 Answer | Asked in Divorce for New Jersey on
Q: I'm looking to get help divorcing my husband of 11 years. We've been separated for a little over a year. I have no incom
Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2020

Your location states MD, but your asking about divorce in New Jersey. Which state are you a legal resident of? In New Jersey, usually you have to be a resident of a state for one year. If you cannot afford a private attorney you need to contact legal aid. Your attorney can file what is known as a... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: How to respond to a divorce filed against me in Mississippi when I'm in the state of New Jersey?

I was put out of the home we shared with nothing but my clothing about a year and a half ago. I returned to New Jersey to get help from my family

Leonard R. Boyer
Leonard R. Boyer answered on Jan 16, 2020

You must put this question in Mississippi section, since you will need an attorney in that state to represent you in the divorce. Good luck.

3 Answers | Asked in Divorce for New Jersey on
Q: My husband divorced me 14 years ago. I am still living with him because he never paid me my settlement. Can you help me

I stayed because he kept promising to remarry me, to go to therapy, etc. I can't take it anymore.

Flavio Van Boekel
Flavio Van Boekel answered on Jan 15, 2020

You should have filed a motion to enforce your settlement 14 years ago. You never enforced it till now. Many changes have occurred between your divorce and your cohabitation. I think you really should retain a lawyer who focuses on matrimonial law and post-judgment divorce actions.

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: On a CIS is the Joint Life Style the average of how we lived or the way we lived at the end of the marriage?

I'm getting divorced. In the final 5 months of the marriage we had moved to an upscale apartment after living in a cheaper one for the other 6 years of marriage.

Andrew M Shaw
Andrew M Shaw answered on Jan 13, 2020

Unfortunately, there is no clean answer to your question. The left column of the expenses section of your CIS is meant to accurately reflect the marital lifestyle. It does not specify what period of time during the marriage should be used to calculate the numbers. That said, the answer should be... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My ex husband hid $50,000 income a year for 3 years

Even though I asked for child support re evaluation in 2018 with bad legal council. Can I get back support since it is such extreme bad faith and he miss lead the court that there was no change of circumstance?

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

There is no way to know for certain. You would need rock solid admissible proof of the hidden income. Whether or not you had ineffective assistance of counsel, may be helpful. But there are too many unknowns to answer your questions without an in person consultation and document review. For most... Read more »

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