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New Jersey Divorce Questions & Answers
2 Answers | Asked in Divorce for New Jersey on
Q: My exhusband defaulted on agreement made in my divorce papers . Do I have to pay attorney fees to take him back to court
Richard Diamond
Richard Diamond answered on Jan 11, 2022

Presumably, there is a provision in the agreement that says that if he defaults in the payment of a financial obligation owed to you and you take him back to court for enforcement of that payment obligation, the court has the right to award you legal fees for the necessity of the retention of... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: My stpex covers car insurance/payment car got totaled when i was driving. He got the ins ck. kept $$. I now have no car

My car was totaled in a in a flood my soon-to-be EX got approximately 10 to $12,000 from State Farm he kept the money and is hiding it from me and left me with no car he is court-ordered to make the payments and keep our insurance can you help

Richard Diamond
Richard Diamond answered on Jan 9, 2022

My suggestion is to send your ex an email, laying out the following type of information:

1. pursuant to paragraph __ of your divorce settlement agreement dated _____, he was responsible for payment of your monthly car payment on the lease/financing until ___.

2. Pursuance to...
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2 Answers | Asked in Divorce for New Jersey on
Q: if both parties are in agreement of the divorce and there are no assets to divide how quick would this be ?

also what would be the cost ?

Leonard R. Boyer
Leonard R. Boyer answered on Dec 24, 2021

There is no standardized answer to your question. There is a backlog of cases and a shortage of Judges in New Jersey, but it should take less than a year. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never... Read more »

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1 Answer | Asked in Child Custody and Divorce for New Jersey on
Q: Can a judge order a paramour in a divorce case to be subjected to a hair drug test if they are not part of the divorce?

This stemmed from a denied emergent hearing that ended up with a set court date. The accusation stems from an old charge that was dismissed in exchange for probation and the probation has ended.

This is out of jealousy because the children love him and my ex wants him out of their lives.... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 21, 2021

A judge has wide latitude to order almost anything when children are involved. You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel,... Read more »

3 Answers | Asked in Divorce and Child Custody for New Jersey on
Q: Hello my husband served me with court papers that I can't leave country with my daughter but now he say he canceled it

I want to know how long court take to cancel motion in NEW JERSEY because he told me it will take till February 4 after I can travel

Richard Diamond
Richard Diamond answered on Dec 20, 2021

I presume that you and your husband have a pending divorce matter in the court system and that as part of that divorce matter, your husband filed an application with the court seeking to prevent you from traveling outside of the United States (or elsewhere inside of the US) because of specific... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: A private investigator positioned a camera on a telephone pole across the street from my home for 6 months taking photo

Into my bedroom window and now it’s being used as evidence in a court case against my girlfriend for a cohabitation was it legal to be videotaped and/or photographed in this manner

Richard Diamond
Richard Diamond answered on Nov 30, 2021

Lets assume that the investigator did not have permission to place a device on the telephone pole across from your home, the report and the photos taken by the investigator are still relevant to the issue of cohabitation and relevant to her former husband's alimony obligation to her (presuming... Read more »

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2 Answers | Asked in Child Custody and Divorce for New Jersey on
Q: Thank you very. Could you list the items that both spouses should review and decide on before filing.

Such as division of assets, division of roles and responsibilities related to custody of children, etc.

Bari Weinberger
Bari Weinberger answered on Dec 2, 2021

Thank you for your question. When contemplating divorce, one must be mindful that equitable distribution of assets and liabilities will occur. Thus, it would be helpful to put together a list of all assets, including real estate, bank accounts, retirement benefits, and personalty of substantive... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What’s the process of filing for a divorce in Union County NJ. Timelines, pricing etc. thank you
Richard Diamond
Richard Diamond answered on Nov 19, 2021

I dont want to come off disrespectfully, but no lawyer can answer the question without having a clear understanding of the issues outstanding to help determine a fair timeline for resolution of your case. As a simple example, if you and your spouse have a clear written agreement resolving all... Read more »

3 Answers | Asked in Criminal Law, Divorce and Family Law for New Jersey on
Q: Can you be around an individual who was granted a final restraining order by the court?

My friend's ex-wife has a final restraining order against him. Their daughter will be getting married next year and he wonders if he will be able to attend and walk her down the aisle.

Richard Diamond
Richard Diamond answered on Nov 12, 2021

The short answer is that without a consent order permitting both of them to be at the same function together, it is a violation of the restraining order and he can be arrested and criminally charged. My suggestion is that he ( through counsel or through a mutual acquaintance) reach out to the ex... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Does my ex have a case against me for violating our custody agreement?

I bought my son and myself ancestry.com kits for Christmas. It was something fun to do. A gift where we could find out more about our ethnicity. My ex was fine with it. She asked me to see if a certain person was listed on the site to see if there was a connection back in May. The other day... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 1, 2021

Thank you for your question. Whether you violated a custody agreement depends on the language of your specific agreement. Based on the information provided, it appears that you consulted with her prior to obtaining the ancestary.com kit and she gave her consent for your child to participate to be... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: Is it possible to divorce my husband in the US if we were married in Europe? We are green card holders for 3 years.
Richard Diamond
Richard Diamond answered on Sep 30, 2021

If you have lived in New Jersey for more than 1 year, NJ can have jurisdiction over your divorce. My suggestion is to sit down with a divorce lawyer and discuss whether NJ is the best place for the divorce to take place or whether there are other options available to you.

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Are family law divorce mediators required to get a license for each state he/she mediates?
Richard Diamond
Richard Diamond answered on Sep 28, 2021

The short answer is that not all states require divorce mediators to be accredited. In fact, New Jersey is one of those states where there currently are no licensing requirements to simply hang out a shingle claiming to be a credible Divorce Mediator.

Notwithstanding the lack of state...
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4 Answers | Asked in Contracts, Criminal Law and Divorce for New Jersey on
Q: How do I evict my husband if he is doing drugs and stealing from my minor children
Bari Weinberger
Bari Weinberger answered on Sep 23, 2021

Thank you for your question. You cannot "evict" a spouse from the home, however, what he is doing could be deemed "harassment" under the Domestic Violence Statute. You may be able to obtain a restraining order against him. It would be best to have a consultation with an... Read more »

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1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: Can my husband and I get a pro-bono lawyer in Morris Co., NJ for mediation for divorce if it's expected to take more

then 2 hours. When we had the mediation settlement panel thru the court, one of the attorneys was pushing for mediation and said it would probably cost over $5,000 and would take more than a few hours. We don't have alot of money or assets, in fact we were told from the beginning we... Read more »

Richard Diamond
Richard Diamond answered on Sep 14, 2021

I have been a divorce lawyer for the past 36 years and it doesn't sound like the issue is the cost of the mediators involvement. Rather, it sounds like the issue is your husbands bullying and pressure tactics. The bigger problem for you is that mediation is a confidential process. The court... Read more »

3 Answers | Asked in Divorce for New Jersey on
Q: See below

I wa t to leave my husband of 20 year's and I'm a little concerned on how he will take it . He does have a temper. We have no children , but we have 11 acres of land with a 38 ft 5th wheel . We also have acquired lots of merchandise for the property . . We have a small savings and... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 13, 2021

Your situation is beyond the scope of this forum and a personal consultation and a detailed discussion of your entire situation with an experienced matrimonial attorney will be necessary to provide meaningful advice. During this pandemic, you have a choice of either seeing your attorney in person... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: When do alimony payments start?
Richard Diamond
Richard Diamond answered on Sep 10, 2021

Look at the court order or the agreement you entered into with your spouse. In the document, it should spell out the commencement date of the payments ( either directly or through probation). If it is not clear to you, then reach out to your lawyer to ask for clarification.

2 Answers | Asked in Divorce for New Jersey on
Q: My husband was paying alimony weekly til he had a traumatic brain injury at work. He hasn’t worked since Dec 2018.

What are the next steps?

Richard Diamond
Richard Diamond answered on Sep 9, 2021

You need to sit down with a family law attorney to discuss your husband's support obligation and how this injury impacts his continued alimony obligation. The fact that your husband had a significant injury may be a basis for termination of his alimony obligation but unless his ex agrees in... Read more »

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2 Answers | Asked in Divorce and Real Estate Law for New Jersey on
Q: Divorce real estate question and what kind of lawyer do I get?

I got divorced a year ago and agreed to let my ex-wife keep the house so that she can stay there with my child and she in exchange paid off a small credit card debt. A year later she has now decided to sell the house and I am still on the mortgage and deed. I am being told that since I am still on... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 31, 2021

The first choice would be to speak to the attorney who represented you in the divorce proceedings. Thed second choice would be any attorney with both real estate and matrimonial matters.

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1 Answer | Asked in Divorce for New Jersey on
Q: Am I entitled to gains and/or losses from spouse's retirement accounts using QDRO? What is NJ statute # ? Thank you
Richard Diamond
Richard Diamond answered on Jul 29, 2021

The starting point is the language of your divorce settlement agreement. In most agreements, the lawyers agree to language that says that when dividing up defined contribution type assets (IRA's, 401K plans, etc) the gains and losses attributable to the marital portion will be shared by the... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: My soon to be ex wife has sent me a divorce complaint. I don't have a problem with anything in complaint.

She also sent me a letter for me to sign saying I do not contest whats written in the complaint and also that I wave the time I'm aloud to respond to this complaint. My problem and question is if I sign this letter can she go and change the complaint since she would have my signature saying... Read more »

Michael Andrew Conte
Michael Andrew Conte answered on Jul 23, 2021

The problem is what is in her request for judgment and whether you have all potential disputes resolved. If you have any outstanding disputes (child custody/support, alimony, equitable distribution of assets and/or debts), then you have to be very, very careful about what you sign. You should... Read more »

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