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New Jersey Divorce Questions & Answers
1 Answer | 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.

Richard Diamond
Richard Diamond answered on Nov 21, 2021

I cant because I have no idea what issues are outstanding in your matter or what issues could be raised by either of you in a divorce matter without having a consultation with you or your spouse. To do otherwise, invites disaster. My suggestion is that you or your spouse should have a consultation... Read more »

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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1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for New Jersey on
Q: How much alimony am I entitled to get?

My husband filed for divorce after marriage of 27 months.He filed for divorce in new jersey.He is 32 years old citizen.I am 27 years old green card holder.He earns 70k and I earn 20k annually. I am not having any usa educational degree. He brought house and car before marriage.

What can I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 16, 2021

These questions cannot be decided in a vacuum like this. You need to retain an experienced matrimonial attorney to protect your interests in this matter. This is not a do-it-yourself project. You can "meet" your attorney by way of a secured video conference or in person. Remember, a good... Read more »

3 Answers | Asked in Divorce for New Jersey on
Q: Sons wife filed for divorce, finalized 10/29/2020. Unfortunately he 52 yo passed 3/2/21

She was ordered yo give him $$ from her 401k. When lawyer dispensed escrow $. He was to give to him then. He didn’t. Now he says she wants 3/21 pension share that she was normally receiving. $$ came a week after he passed and i put i to bank. Lawyer now not returning my calls, e-mails, etc.... Read more »

Michael Andrew Conte
Michael Andrew Conte answered on Jun 17, 2021

I would reach out to an attorney who handles estates matters. I sounds like your son's estate probably has a claim against his former spouse for the funds that were supposed to be transferred to him pursuant to the divorce decree.

I don't understand the part of your question...
Read more »

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2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: My ex wife has been receiving SSDI child support payments for the 4 children but I don't get credited for the payments
Richard Diamond
Richard Diamond answered on May 19, 2021

If your children are receiving SSD benefits on as a result of your disability, then you are entitled to a seek a credit in the calculation of child support under the child support guidelines - meaning that these benefits are intended to be deducted from your guidelines child support obligation. As... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: I have been battling a 4.5 year divorce. How do I get out of this? Judge is biased because ex is ill. No access 401k o

I filed a motion in January to finalize the divorce since I don't have access to my 401K. I also don't have access to my children's college funds (they are in college and we need the money). Still no response. During the last ruling, I filed with the appellate court because the judge... Read more »

Bari Weinberger
Bari Weinberger answered on May 12, 2021

Thank you for your question. It’s difficult to give a complete response without looking at the Orders entered in the case. A contested divorce taking over 4 years is not unusual especially if you live in a highly populated county such as Essex or Hudson. Now with COVID the time for completion... Read more »

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1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: NJ college tuition as part of child support

We have an MSA codified when we were in Virginia but divorced in NJ where we both currently live. I’m concerned my ex wife will try to take me to court to use NJ law/precedent to make me pay college tuition after child support ends. 1. Is she likely to win in NJ court even if we have an MSA from... Read more »

Richard Diamond
Richard Diamond answered on May 6, 2021

I dont think my answer will come as a big surprise to you. You need to sit down with an experienced family law attorney to review the terms of your agreement and any court orders entered in your matter ( in Virginia and in New Jersey) to determine how a court would address the issue if presented.

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My husband and I are divorcing and have drafted a settlement agreement outlining all issues concerning the children,

property division, debts, etc. Neither party is requesting spousal support or child support.Given this, do we still need to complete all of the financial information requested on the case information statement. I know generally they are used to determine/outline issues of spousal or child support,... Read more »

Richard Diamond
Richard Diamond answered on May 5, 2021

If you and your husband have prepared a formal settlement agreement resolving all issues outstanding ( as opposed to a document "outlining" same), in filing your respective pleadings with the court, you and your husband can simply seek enforcement of the settlement agreement and let the... Read more »

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