My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More 
answered on Nov 9, 2023
The difference between "sole custody" and "joint legal custody" is the obligation to discuss "major decisions affecting the children's health, education, and general welfare" - meaning if a doctor suggested that a child have surgery, should you be obligated to let... View More
My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More
answered on Nov 14, 2023
Thank you for your question. I am sorry to hear that you are going through this stressful time. In order to properly answer your question, it is important to understand what you mean when you say “argue for sole custody temporarily”. When addressing custody, there is legal custody and... View More
He filed in 2020 & everything has been slow because of court backlog. We are staying in house we own for 2 more years til the youngest finishes school. The amount he'd have to pay in alimony is minimal & I haven't worked in 30 years. 3 additional sons live home, and contribute a... View More
answered on Sep 25, 2023
An Intensive Settlement Conference is a last-ditch attempt by the court to settle a case before it goes to trial. I have no idea what your husband earns, what the court will conclude you are capable of earning ( even though you are not currently working and have not worked in years), I have no idea... View More
ORDERED that the Marital Settlement Agreement entered into evidence at the time of the hearing on June 10, 2021, which was marked J-1, shall be a part of and incorporated into this Dual Final Judgment of Divorce with the parties full acknowledgment that the Court took no testimony as to the merits... View More
answered on Aug 31, 2023
It sounds like your attorney and your spouse's attorney agreed to a divorce from bed and board for a specific period of time with either / both parties having the right to convert it to an absolute divorce at a later date and now your spouse is seeking to convert the divorce from bed and board... View More
The divorce was filed pro-se. We thought it was going to be uncomplicated. It became complicated. We both hired attorneys. Now both attorneys are off the case. We have been through everything including different judgements for anything ranging from child support to parenting schedule and spousal... View More
answered on Aug 17, 2023
You are mixing apples with zebras.
The cause of action for divorce ( reflected in the complaint for divorce that gives you the docket number in the court system) can be based on fault or it can be based on irreconcilable differences, but the cause of action for divorce has nothing to do... View More
Ex mate is currently getting this pension.
answered on Aug 3, 2023
You and your spouse divorced (presumably in New Jersey) and as part of your divorce, you were awarded in a court order/settlement agreement 50% of the marital portion of your spouse's pension plan. In the court order/settlement agreement, presumably, it also stated that you and he were to... View More
Spouse keeps on using delaying tactics in order to avoid our divorce to go to trial. It has been four years of this, what motions can I file so the judge knows what's going on. Spouse keeps switching lawyers and keeps filing false accusations against me in order to avoid the divorce to go to... View More
answered on Jul 13, 2023
Between the pandemic and the shortage of judges in the New Jersey court system, many counties are experiencing terrible delays in getting divorce matters to trial. In fact, many counties are running about 3 1/2 - 4 years out from the date of the filing of the complaint for divorce for "real... View More
My parents were married in India but we've lived in NJ for the past 22 years. My mom told my dad (100% narcissist) recently that she wants a divorce and to move to CA with me. She and my sibling (we're mid 20s) immediately flew out to CA where I live, and my dad is losing it. Canceling... View More
answered on Jul 3, 2023
If your mother has lived in New Jersey for the past 12 months continually, New Jersey has proper jurisdiction for divorce purposes. The fact that your parents were married in India has nothing to do with jurisdiction for divorce purposes. Your mother can meet with a divorce lawyer for consultation... View More
My parents were married in India but we've lived in NJ for the past 22 years. My mom told my dad (100% narcissist) recently that she wants a divorce and to move to CA with me. She and my sibling (we're mid 20s) immediately flew out to CA where I live, and my dad is losing it. Canceling... View More
answered on Jul 3, 2023
Thank you for your question. Your mother has likely not met the residency requirement for California. She should file for divorce in New Jersey. She should consult with experienced New Jersey counsel ASAP. Along with the Complaint, there are other things that can be filed with the Court to stop... View More
My parents were married in India but we've lived in NJ for the past 22 years. My mom told my dad (100% narcissist) recently that she wants a divorce and to move to CA with me. She and my sibling (we're mid 20s) immediately flew out to CA where I live, and my dad is losing it. Canceling... View More
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answered on Jul 3, 2023
Your mother is not a resident of California, she will need to retain an experienced New Jersey matrimonial (divorce) attorney. The situation is more complex than you realize, but an attorney cannot represent anyone in a divorce case on a contingency fee basis. The situation is beyond what most... View More
After an argument between my wife and I over divorce discussions, I left the house and drove away. My wife called the police and reported domestic violence on the grounds I threatened to kill myself with a gun. When police arrived, guns were in locked cases. My wife surrendered them to the police.... View More
answered on Jun 16, 2023
By virtue of you asking the question, tells me that you cannot / should not represent yourself in your divorce matter since you are going down the wrong path.
When ANYONE files a domestic violence complaint, the 1st question the police ask is whether the person accused of domestic... View More
I have been married for 5 years, and my husband has not been responsible with our finances. He put me in a big debt with ezpass tickets, not paying the car note, and late in rent. Always lies about money and I have not idea what he does with his time. We agreed to get a divorce, he refuses to pay... View More
answered on Jun 15, 2023
Residents of New Jersey for at least one year before filing a complaint are able to obtain a divorce without cause for "irreconcilable differences," as long as those differences have existed for at least 6 months, and there is no reasonable prospect of your reconciliation. Basically, if... View More
I have been married for 5 years, and my husband has not been responsible with our finances. He put me in a big debt with ezpass tickets, not paying the car note, and late in rent. Always lies about money and I have not idea what he does with his time. We agreed to get a divorce, he refuses to pay... View More
answered on Jun 15, 2023
If you want to file for divorce in New Jersey, you can file based on irreconcilable differences or you can file based on extreme cruelty ( detailing the information listed above) or you can file based on both claims. The problem is that regardless of the cause of action for divorce, they will not... View More
He moved out and I am in possession of the home but he’s still on the deed and mortgage. He only wants his half if I sell it or someone moves in. Can he legally demand half if I move someone in to help pay for the mortgage? I understand he gets half if I sell but if I need help paying and he... View More
answered on Jun 15, 2023
I dont think you will be surprised with my answer - it's impossible for any lawyer to give you credible advice based on the information provided.
You need to stop taking legal advice from your ex and you need to schedule a consultation with a lawyer to discuss your divorce matter and... View More
Notice and intention of petition.
answered on Jun 10, 2023
I presume that your use of the term "PFA", refers to an order of protection from abuse, as a result of a domestic violence proceeding?
The short answer is that a party can proceed with a divorce matter even where there is an order of protection in place - the court needs to take... View More
We owned a multi million dollar business. He convinced the judge that I wasn't cooperating with the sale and so the judge forced me to sign over my stock within 24hrs. The agreed sale price was 1 million but that was false, it was worth at least 10 million but he threw away all records for me... View More
answered on Jun 7, 2023
Setting aside a divorce settlement agreement is not an easy or inexpensive task. Our office has been successful in doing so in several settings involving fraud claims, but each was time-consuming and expensive with no guarantee of success.
I have no idea what your proofs look like to... View More
Assumed market value 10 years ago, but not specified in agreement.
answered on Jun 5, 2023
The question focuses on the language of the agreement and the discussions/agreement in place when you signed the document. If the intent was to share equally the current value of the home and the current mortgage balance vs whether the intent was to share the then existing value / then existing... View More
Assumed market value 10 years ago, but not specified in agreement.
answered on Jun 7, 2023
Thank you for the question. If you are selling the former marital home, you should look to the terms of your final settlement agreement or order of the court from the time of the divorce to determine how the net proceeds are divided. If you do not have a formal court order addressing this issue... View More
Other than the settlement at the time of the divorce and the pension is divided up does the husband have access to pension moneys earned after the divorce is finalized?
answered on May 30, 2023
On its face, your question should be simple to answer BUT......
If your divorce agreement states that your former husband is entitled to XX% of the marital portion of your pension plan and that a qualified domestic relations order (QDRO) is to be entered, dividing the benefits, the next... View More
Other than the settlement at the time of the divorce and the pension is divided up does the husband have access to pension moneys earned after the divorce is finalized?
answered on Jun 7, 2023
Thank you for your question. Typically, assets acquired during the marriage are subject to equitable distribution and assets acquired either before the marriage or after the termination date of the marriage are not. There are, of course, circumstances in which there may be some entitlement, so I... View More
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