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.
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?
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 »
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?
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 »
if the guy i was arranged to marry tries to use our verbal marriage certification, would it work?
Hi there! No, verbal marriage arrangement will not work for immigration purposes- you need a real official marriage certificate.
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 »
Retain a legal aid free attorney to file a VAWA petition. Inquire at the women’s shelter.
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?
Especially in the current state of the world, I seriously doubt he can enter the U.S.
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?
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... Read more »
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?
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.
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
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 »
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?
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.
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.
I have supported myself and our kids the past year. Is any money I make and get back from tax returns considered marital assets?
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.
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... Read more »
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.
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
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.
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 »
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
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.
I stayed because he kept promising to remarry me, to go to therapy, etc. I can't take it anymore.
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.
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.
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 »
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?
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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