Me and my husband have been separated for 2 years he threw away all of my belongings and I just found out today that his girlfriend is two months pregnant and wanted to know if I can get alimony from him?
The answer is probably not. You have been living separate and apart for two years, so there would be a strong argument against it. The fact that your not yet ex-husband has a pregnant girlfriend is not a factor. What you need to do is have an in person consultation with an experienced matrimonial...Read more »
Believe a man I love is being wronged and abused, for years; by one he thinks is his wife. After hearing from his family I've investigated; what's found is shocking?! This woman pushed him into marriage by having a child; And in 5 yrs 6 ms 19 ds, now…!? From " I Do"... Read more »
Now that our son is 18 and in college am I (custodial parent) still bound by the joint legal guidelines of our divorce decree? Do I still have to communicate with non-custodial and provide info on healthcare, school, etc. as I did in the past when he was in high school? Our only form of... Read more »
Your request focused on whether you still need to provide information to your ex about your son ( who you say is now in college). Under a joint legal custodial plan setting ( without reading your agreement) presumably requires communication about major decisions affecting your son's health...Read more »
I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... Read more »
A lawyer would really need to hear all your issues to determine the answer to your question. Second you may need more than one attorney, but its best again that the attorney recommend someone he knows so that they can work well together. It all starts with a phone call so start calling around.
Given the current pandemic rules in place, the family court system is handling motion practice, case management and some forms of trials through Zoom videoconferencing, so the cost of the retention of counsel is easier since we dont have to drive back and forth to Burlington County.
The question is not whether you can file an application with the court, seeking to dismiss the other party's complaint for divorce. The real issue is whether your application will be successful. The answer is NO. Irreconcilable differences does not mean that the person hates you or no longer...Read more »
I am currently on child support in NY state and my estranged spouse and I both reside in NJ state. We have been living apart for 5 years and I am currently being denied physical access to my 11 year old child.
The short answer is that you can file an FD complaint for visitation and have a family part judge enter an order for parenting time. But if you and she have been apart for 5 years, maybe its time to file the divorce action and then the application for parenting time as part of the divorce.
My practice and my firm specialize in divorce and family law matters in north & central NJ and I am a certified divorce & family law trial lawyer by the NJ Supreme Court and an accredited family law mediator and arbitrator. If you would like to schedule a consultation with me or my partner...Read more »
It depends on when and how you acquired that asset, but in most circumstances, the answer is yes.Generally, all property acquired during the marriage is subject to equitable distribution regardless of its location. There are, however, some exceptions. For example, property acquired before the...Read more »
My daughter has always been an A student, her GPA has always been high and is 3.9 right now; she is part of the Honors Program/Phi Theta Kapha and she has been included in the deans list several times; she works really hard; my ex-husband is informed and we have worked on this together. He knows I... Read more »
You need to sit down with your former husband immediately to discuss your daughter going on to a 4 year school, since the issue will be whether she will live at home while attending college or whether she will be living at school while attending college. Those are 2 very different scenarios and...Read more »
If I understand your question correctly, you were a Filipino citizen and you filed a complaint for divorce in the United States against your wife (who was also a Filipino citizen) and presumably, you obtained a judgement of divorce against your wife. Since obtaining your judgment of divorce, you...Read more »
My daughter finishes community college next month; she will finish her Associates Degree course and will try to finish the last two years after she transfer to a four year college; My daughter has always been a A student, her GPA has always been high and is 3.9 right now; she is part of the... Read more »
You are mixing apples with pineapples so hopefully we can sort out a few items in this discussion. The law in NJ presumes that a child is emancipated upon graduation from high school BUT if a child goes on to college, 99.9999975% of the family law judges in this state are of the opinion that...Read more »
A handful of times in the last year. He claims it is because I live in another state an hour away which was agreed upon during the divorce and he is living with his parents concurrently laid off from work. I am faced with the financial burden of having the children 24/7. When I asked my divorce... Read more »
I dont agree with the "rationale" given to you by your NJ divorce lawyer, BUT the conclusion may be correct. Let me explain. When you got divorced, the lawyers / court prepared a child support guideline worksheet, listing his total income, your total income, the payment of health...Read more »
Under the court rules, a party ( plaintiff or defendant) can amend their pleadings within a specific amount of days after the filing of the Answer to the Complaint. If a party seeks to amend their pleadings outside of that time frame, then an application needs to be filed with the court asking...Read more »
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.
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 »
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.