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New Jersey Divorce Questions & Answers
2 Answers | Asked in Divorce for New Jersey on
Q: Am going through a divorce and my wife took out a card which I was just a user and didnt sign anything. Am i responisbl

She is trying to make me pay for 1/2 of it when the charges arent mine but she says she used the card for the house. As a user I can not get the transactions through Chase as she will need to approve it.

Richard Diamond
Richard Diamond
answered on Sep 28, 2022

Its impossible for a lawyer to simply tell you that you are or are not liable for any or all of the charges on that card since there are multiple scenarios where a court can impose liability. As a simple example, if the charges were incurred for payment of "family expenses", they can be... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Hello can anyone provide case law that helps a parent with full custody of a 19 yr old child going to FL university

Campus but frequently comes back home 1 hr away for medical, dental etc.

Opposition wants to emancipate the child and reduce child support.

Any NJ case law on that since that’s where its being heard that can help me support my child and my case or does case law not matter on the... Read more »

Richard Diamond
Richard Diamond
answered on Sep 6, 2022

You need to schedule a post-divorce consultation with a New Jersey family law certified trial lawyer to discuss the standard applicable to emancipation and as to a parent's support obligation while in college. Presumably, you and your former spouse lived in NJ at the time of the divorce, which... Read more »

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My parents purchased a house while married, when they divorced my father remarried and had 2 children with my stepmother

My mother has a son,My dad still has the house, never bought my mom out, apparently there’s a will they did together dividing the house between 4 siblings (same parents) according to my dad his children from the other marriage have rights to the house but not my mothers son. He also claims she... Read more »

Richard Diamond
Richard Diamond
answered on Aug 29, 2022

Its impossible for any lawyer to attempt to give you legal advice based on the information supplied. You need to schedule a consultation with a family law attorney to review your parent's divorce agreement to understand the agreement reached between your mother and your father over the... Read more »

1 Answer | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for New Jersey on
Q: I was awarded my home in the divorce. I had 60 days to refinance the balance on the mortgage. My ex was to facilitate

That 60 was extended indefinitely until I could close. He signed that agreement. He now sold home to an investor who has been harassing me to get out. Ex got a Judge to agree to throw me out a 66 year old severely disabled person. no eviction/ejection or any requests to vacate have been properly... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Aug 20, 2022

Due to your financial problems, contact New Jersey Legal Services for an attorney.

2 Answers | Asked in Divorce for New Jersey on
Q: Ex husband moved to Phillipines to avoid paying alimony

He was facing jail time for a dui charge as well so he ran. He and his boss have ignored NEW Jersey Probation for a year now as well to avoid paying his alimony. Can his boss be held accountable for willfully ignoring the order for wage garnishment?

Richard Diamond
Richard Diamond
answered on Aug 1, 2022

I presume that your former spouse's employment was / is in New Jersey and that your former husband still works for the company remotely. Presuming I am correct, then an order served upon the employer in New Jersey for garnishment is valid and must be honored. If the employer refuses to honor... Read more »

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4 Answers | Asked in Divorce and Domestic Violence for New Jersey on
Q: What are my options if part of a Final Judgement of Divorce is dropping an FRO and it has not been done yet?

Part of our Term Sheet we both legally signed states she is not longer fearful and would volunatarily drop the FRO. Per the Final Judgement of Divorce, it states "This matter will be dismissed after this judgement is entered." However, during the final hearing the Judge stated that she... Read more »

William N. Sosis
William N. Sosis
answered on Jul 12, 2022

Not sure if you're suggesting that she changed her mind or simply forgot to drop the FRO. If it's the latter, try asking her (very, very nicely) if she could bring a copy of the Order to the DV unit, explain the situation, and request that the FRO be dismissed. She may still need to go... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: I have split cost with my ex on college cost for my child. Would transportation cost include car for my teen? Thx

College costs- transportation

Richard Diamond
Richard Diamond
answered on Jun 2, 2022

In most divorce agreements, transportation costs are addressed in the agreement as an included item or an excluded item. My suggestion is to review your settlement agreement to see what the language says about an automobile for your child and/or the payment of transportation costs for your child to... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: Married March of 2021 separate a year later Division of crypto assets

I am currently residing in New Jersey. We were married in South Carolina. My spouse still resides in South Carolina. He was my financial support as I am disabled. He used my health against me. I am not able to work. He has crypto that was gained during our marriage. My question is when can I file... Read more »

Richard Diamond
Richard Diamond
answered on May 31, 2022

Based on the limited information provided, it would be unwise if not irresponsible to give you black and white legal advice. You need a consultation with a family law attorney. Lets start off with whether NJ has jurisdiction over your matter yet. To have jurisdiction to file a complaint for divorce... Read more »

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3 Answers | Asked in Divorce for New Jersey on
Q: We have been married 20+ years. Wife wants divorce. I don't. She wants me out of home I paid the most on down payment. W

What can I do. I don't want to get divorced but if I do can I recoup anything.

Richard Diamond
Richard Diamond
answered on May 31, 2022

The best advice I can give you is to meet with a divorce law specialist to discuss marital vs non-marital assets and your rights and obligations in a divorce. As to who paid for expenses during the marriage, if the payments were made from employment income, then start with the view that the... Read more »

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4 Answers | Asked in Divorce, Family Law and Domestic Violence for New Jersey on
Q: NJ Rev. Stat. $ 9:2-4. Please, can you help me find the nj laws against parental alienation?

My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... Read more »

Richard Diamond
Richard Diamond
answered on May 31, 2022

Your friend needs to meet with a family law attorney immediately to discuss his claim of alienation and potentially, the lawyer will then schedule a meeting for him with a competent mental health expert to discuss her actions and determine what if anything can be done through the court system... Read more »

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5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 29, 2022

New Jersey is an equitable distribution state. You can seek to obtain an experienced matrimonial attorney to prepare a post nuptial agreement that embodies the terms you mentioned. You should also consider the alternatives, which include taking a mortgage and putting down an equal amount or do not... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: in my divorce, my husband had a side business he never paid taxes on but made $80,000 yr. Do I include this as income

My husband is a carpenter in union out of Philadelphia - he also owned a side business that makes $80,000 yr - total $180,000

Do I agree with my lawyer and say he only makes $90,000 per year - and not include the landscaping money - because I will get in trouble for tax evasion- even though... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 17, 2022

Since you are represented by counsel, that is the only person who you should direct your questions to. But if you do not believe that the attorney is acting in your best interests, then you should seek a second opinion.

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I filed for a default hearing for my divorce

It’s been over a month and it’s still not scheduled. I call the courts and they say they are just waiting. Is there anything I can do to speed the scheduling up?

Leonard R. Boyer
Leonard R. Boyer
answered on May 12, 2022

The are more steps that have to be followed. Representing yourself in a divorce is unwise. You really need to retain an experienced matrimonial attorney. You are not only emotionally involved, you do not know the Court rules or proper procedures. Trying to save some money can often result in costly... Read more »

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1 Answer | Asked in Child Custody and Divorce for New Jersey on
Q: If we have a son and own a house together. Can I go live somewhere else with my son before the divorce?

Does this will have a bad consequence in the time of custody and division of property?

Is it better for me to wait until we dissolve the marriage and then leave?

Richard Diamond
Richard Diamond
answered on May 11, 2022

You need to sit down with a divorce lawyer before you do anything. Its impossible and irresponsible for any lawyer to give you advice in this setting without having a consultation to get a better understanding of your current setting.

1 Answer | Asked in Divorce for New Jersey on
Q: I am thinking about divorce. Should I pay off my $14,000 car loan to reduce the amount of money that will be split?

I live in New Jersey, a equatable distribution state. Married for 5 years. We don't have children or own a house. Our finance were separate for the most part but I do pay most of our bills including rent, utilities and meals, because my spouse works only part time and do not make enough. I... Read more »

Bari Weinberger
Bari Weinberger
answered on May 3, 2022

Thank you for your question. It is difficult to give you a definitive answer without obtaining additional facts. There are many factors to the equitable distribution statute and without having full financial disclosure, a firm answer is not possible. It would be best to contact an experienced... Read more »

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: In NJ when paying alimony to a ex can the person doing the paying alimony be effected if they live with someone else?

In NJ when paying alimony to a ex their is the cohabitation clause that states the alimony you are paying can be reduced if the ex receiving the alimony lives with or cohabitates with a new partner. My question is can the alimony be effected by the person paying living with a new partner, it does... Read more »

Richard Diamond
Richard Diamond
answered on May 3, 2022

Yes - because the purpose of the payment of alimony has to do with her financial dependency status as a result of the length of the marriage, the difference between your respective income settings, etc.

Think about the following example:

you were married for 15 years, during which...
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3 Answers | Asked in Divorce for New Jersey on
Q: Can I get a divorce from my husband if we live in different states and can't find him. Have had no contact in 10+ years

I have been separated from my husband for 13 years, and have not had any contact with him in over 10 years, and don't know where he is or how to contact him in anyway. We were married in Syracuse NY I now live in NJ.

Leonard R. Boyer
Leonard R. Boyer
answered on May 2, 2022

Yes, it doesn't matter where he lives or if you cannot find him. An experienced matrimonial attorney can handle this obstacle with the proper procedures. The sooner you retain counsel the sooner you will be able to be free to get on with your life.

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1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Would paying CS based on Appendix IX-A & paying for memberships ordered in an MSA constitute a burden to the payor?

Parties entered into an MSA based on 50/50 custody. Plaintiff argued for child support and primary parent rights two years later based upon significant changes and won. Court ordered child support be paid under NJ state guidelines. Plaintiff now wants to enforce MSA that states defendant should... Read more »

Richard Diamond
Richard Diamond
answered on May 2, 2022

Ordinary extracurricular activities are covered in the child support guidelines but if your child's participation in a sports program is an "extraordinary" type of reoccurring expense, it can be addressed separately.

So, the 1st question is whether you agreed to share in...
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1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: NJ, I filed a motion to modify parenting time. We had a oral argument back in January 2022. It's April still no decision

Is there any time frame for decision?

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 19, 2022

This question was previously asked and answered. Repeating it will not change anything.

1 Answer | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. Still no judge decision.

I filed a motion in NJ to modify parenting time. We had a oral argument back in January 2022. It's April still no decision... How long does judge has to rule on the motion? is there a time frame? If not, based on modification child can be enrolled in school district by my residence (Pre-K),... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 19, 2022

If you are represented by counsel, you must direct your questions to your attorney. There is a shortage of Judges and the vast majority of Judges and other courts personnel are working remotely, so no, this is not a long period of time for a decision.

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