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New Jersey Divorce Questions & Answers
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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2 Answers | Asked in Divorce for New Jersey on
Q: My wife wants to file for divorce is it better for me to file the separation papers before she does with the county seat
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 27, 2019

I suggest you consult privately with a divorce attorney as these decisions are very presonal and this forum would only be providing general advice.

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3 Answers | Asked in Divorce for New Jersey on
Q: My wife wants a divorce and will be leaving the house. Is it better if I file for separation before her?

At what point is she not in titled to my health care I’m not a jerk.

Leonard R. Boyer
Leonard R. Boyer answered on Dec 27, 2019

There is no such thing as a legal separation in New Jersey! You cannot remove her from your health insurance under existing law, unless and until you obtain a Court Order allowing you to do so. But what you must really do, prior to anything else, is to retain an experienced matrimonial attorney to... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: If you have 35 days to file a written answer or motion, is it 35 calendar days or 35 business days?
Teresa L. Reichek
Teresa L. Reichek answered on Dec 17, 2019

That's a good question that many people ask. You have 35 calendar days to file an Answer, Answer and Counterclaim, or Notice of Appearance. Motions, if necessary, come later. The best thing to do is consult with an experienced family law attorney about your next steps.

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1 Answer | Asked in Divorce for New Jersey on
Q: My husband left me. He does not want to reconcile. I do. Is there such a thing as willful desertion in nj?

Also, we've only been married for 17 months. Is there a waiting period before getting divorced? We have a prenup.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

There is no legal way to stop your husband from obtaining a divorce. Neither of you are required to try to reconcile nor is their any such thing as willful desertion. Both parties are NOT required to agree to a divorce. If you have significant assets or liabilities, then you will need to retain... Read more »

1 Answer | Asked in Criminal Law, Immigration Law, Divorce and Family Law for New Jersey on
Q: What can I do if my stepmother is hiding my resident card and pretending she doesn't know about it?

I've been having trouble with her for a while. My documents went missing for at least 2 weeks from where my father and I usually put them. My father ask my stepmother if she knows anything about it and she said no but sent him looking directly where they were in her room. My passport and social... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 23, 2019

Short of applying for a replacement green card, you could file a police report.

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: NJ family court question: My ex spouses attorney withdrew their Motion to Terminate my alimony but ....

A judge issued a temporary reduction in spousal support until a Plenary hearing was heard. Both parties signed a Consent Order to withdraw motion + reinstate alimony. How long can it sit on a judge’s desk? It has been over a month.

Bari Weinberger
Bari Weinberger answered on Nov 21, 2019

Thank you for your question. I understand how frustrating the court system can be.

The short answer is it depends on the Judge and the County. I would suggest making follow up calls or even sending a follow up letter to the Judge. If you are still unsure, I strongly suggest that you...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: If you have signed a Consent Order in lieu of a hearing (alimony nj) how long does it take a Judge to sign it?
Bari Weinberger
Bari Weinberger answered on Nov 21, 2019

Thank you for your question. It depends on the judge, but you will usually receive a signed consent order back from the court within 2 weeks of sending it. If you have not received it within 2 weeks, you should call the judge and inquire.

1 Answer | Asked in Divorce, Libel & Slander and Personal Injury for New Jersey on
Q: If two people commit adultry and the result could lead to a divorce for the disabled spouse of one, can the disabled one

File a lawsuit?

Leonard R. Boyer
Leonard R. Boyer answered on Oct 28, 2019

New Jersey is a no-fault divorce state. The ground for divorce is irrelevant to the economic issues.

1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: My husband has been unemployed for 6 years. I filed for divorce and he is in default. Now suddenly he has a good job. I

I already sent in equitable distribution papers asking for things at a lower level . Can I change the papers

Leonard R. Boyer
Leonard R. Boyer answered on Oct 16, 2019

Although you can amend the document, you really need to retain an experienced matrimonial attorney. You are emotionally involved, do not know the rules of court, case law and many more factors.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: What form or forms should I be completing to respond to a motion filed by my ex-husband? I do not agree with his motion

My ex-husband and I filed our own divorce paperwork in 2014. He filed a motion two weeks ago that I disagree with and need to file a cross motion. I want to make sure I am filing the correct forms and providing the correct information. The more I read about the content of cross-motions, forms,... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 7, 2019

Thank you for your question. Although the Court does have forms to address the application that has been filed, it would be best to consult an attorney to ensure an appropriate response is filed. As you note, this process can be difficult. Certain rules must be followed in order to ensure that the... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Hi if my ex schedules activities on my visitation weekend am I required by law to take her?

We have joint custody of our 9 year old daughter with him having residential custody. I see her every other weekend. The court order says he is supposed to ask and discuss all extracurricular activities, medical, religious, and school decisions. Instead he signed her up for soccer in which the... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Sep 17, 2019

Thank you for your question. I understand that must be very frustrating. My response is predicated on your court case being in a NJ court. You are supposed to agree on extra curricular activities, then you are responsible for taking your daughter during your parenting time. You are not a bad... Read more »

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