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New Jersey Divorce Questions & Answers
3 Answers | Asked in Divorce for New Jersey on
Q: Interstate: California has Jurisdiction over divorce, filed first there. NJ just issued a dissolution. Where do I start?

I filed first in California 8/14/17. He filed in NJ in June 2020. NJ has jurisdiction over division of assets and custody but CA retained jurisdiction over status of divorce. He would not agree to settlement, so we had not moved forward with divorce. Judge issued dissolution without ordering us to... Read more »

Michael K McFadden
Michael K McFadden answered on Mar 29, 2021

A resident of New Jersey can file a divorce complaint in New Jersey. The only requirement is that the Plaintiff was a bona fide resident of the State of New Jersey for more than one year. Both New Jersey and California are signatories to the Uniform Child Custody Jurisdiction and Enforcement Act... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: Divorce has dragged on for 3 years, getting ready for trial. What date do you fill out for assets on CIS?

Date of filing or current value of retirement?

Leonard R. Boyer
Leonard R. Boyer answered on Mar 18, 2021

If you are represented by counsel, all your questions need to be directed to your attorney. If you are not represented by an experienced matrimonial attorney, then you really need to retain one.

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1 Answer | Asked in Divorce for New Jersey on
Q: In 2002 i got married in ny. Dv left 2005 no contact since. Moved to nj. Can i get divorced still?

I was too scared. He is an illegal immigrant and dont know his whereabouts.

Richard Diamond
Richard Diamond answered on Mar 17, 2021

Short answer is yes and since you live in New Jersey and have lived in New Jersey for more than 1 year, you can file a complaint for divorce in New Jersey.

Presuming you cannot locate your spouse and your lawyer conducts a reasonable investigation to try and locate him ( in accordance with...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for New Jersey on
Q: What are my options for using the red flag law in nj against my husband? He has been using drugs, and making suicidal

My husband has been using drugs, and acting erratic. He's made suicidal references. He is diabetic and not taking care of himself. He has called our small children curse words. I want to know, since he owns MANY guns, in a safe I have no access to, how and what anonymous actions I can take to... Read more »

Richard Diamond
Richard Diamond answered on Mar 17, 2021

1. I would write down the specific behavior changes you have noticed with your husband in the past 6 months and how those changes have become more erratic ( and using specific examples with dates and time if possible) and why that behavior is causing you fear for your husbands actions having access... Read more »

3 Answers | Asked in Divorce, Immigration Law, Civil Rights and International Law for New Jersey on
Q: Hypothetically let's say an immigrant married a US resident, and planned on creating a life here in the US together.

However the immigrant through time and lifestyle choices and even personal relationships, no longer felt the relationship they were in was feesable for them and the US resident to remain as a couple.

However the immigrant has a job and a life that they enjoy as well they may have even... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 5, 2021

What you describe is real life that repeats itself throughout the country in every state. You need to retain an experienced matrimonial and immigration attorney otherwise you will be in over your head. No hypotheticals about it!

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1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: I live in NJ and my kids live in TN. The divorce and parenting plan were made in TN. Is it valid if they move out of TN?

My kids and their mom are moving out of TN to Georgia and I currently live in NJ. Is the parenting agreement that was made in TN regarding travel and child support still valid in another state?

Richard Diamond
Richard Diamond answered on Mar 2, 2021

Not a simple question since you are telling me that your ex and the children are planning on moving out of Georgia.

If they were staying in Georgia, under the “Uniform Child Custody Jurisdiction and Enforcement Act” (UCCJEA), Georgia would retains control over your children. But if no...
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2 Answers | Asked in Divorce for New Jersey on
Q: Is it a bad idea to switch to another lawyer after divorce to file a QDRO? How is that done or can you do it on your own
Leonard R. Boyer
Leonard R. Boyer answered on Feb 23, 2021

Most attorneys will not draft a QDRO, but rather will retain an experienced expert to prepare it. Whether or not you should change attorneys, is a personal decision. But at this point, a new attorney may be reluctant to take the case. You should try to work things out with your current attorney.... Read more »

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3 Answers | Asked in Divorce and Child Custody for New Jersey on
Q: I have joint custody of my 16 and 11 year old children in NJ. My ex wants to move out of the country with the kids.

We both own homes a couple miles apart. The kids stay with me about half the time. Can she move without my consent?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 22, 2021

No! Your ex-wife must make a motion with the Court to do so. However, if you think there is a real danger of this happening, then you need to be proactive and retain an experienced matrimonial attorney to bring an action before the Court, to impound their passports. It always pays to be proactive... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: I married in PR live in NJ my ex-wife lives in Ohio we been separated for over 8 years can we get divorce from the u.s
Leonard R. Boyer
Leonard R. Boyer answered on Jan 14, 2021

Where you were married and where your wife lives are irrelevant to obtaining a divorce in New Jersey. If you meet New Jersey's residence rule. If she cannot be located, then service by publication is required. But that is not a problem. But, you must retain an experienced matrimonial attorney... Read more »

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Pro se waived rights to marital property-Can that be reconsidered since the house was sold?
Andrew John Economos
Andrew John Economos answered on Jan 13, 2021

As with many questions, it depends. Are they divorced yet? Is there a divorce agreement specifically stating that pro se unconditionally waived their rights to the house? If the answer to these questions is "yes", then absent a showing of fraud (which is no small task), it should not be... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court in

Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court involved, just "between us") to reflect his income loss for 2019 and 2020, and suggests 50 payments/year instead of 52.

My income is close to zero. He... Read more »

Richard Diamond
Richard Diamond answered on Jan 4, 2021

The real issue is whether your ex's income setting was impacted by Covid or whether he was claiming his income setting could not support his alimony obligation prior to Covid. If he was claiming to be unable to pay the amount of alimony owed in 2019, then the question is what took place... Read more »

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1 Answer | Asked in Divorce, Tax Law, Estate Planning and Probate for New Jersey on
Q: My ex wife has recently passed away. Am I or my daughter responsible for any or all of her bills?

My ex-wife passed away last week. She was rushed to the hospital and had no medical insurance. Our daughter is a full time college student, and has just turned 21. Is my daughter responsible for her mother's medical bills? Or any other bills? Such as back taxes her mother owed?

Am I... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 30, 2020

I'm very sorry for your family's loss. If you wanted to try reposting and adding Probate and Estate Planning as categories, you could have better chances of a response. There's no guarantee all posts are picked up, but it sounds like something where an attorney could give more... Read more »

4 Answers | Asked in Child Support and Divorce for New Jersey on
Q: Would I owe child support on a stepchild?

My Japanese girlfriend is pregnant with our child and we would like to marry. She has a 4 year old son from a prior marriage who lives in Japan with his father; I have never had any contact with this child. She has been mum about whether her son will return at some point and wants me to focus on... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 26, 2020

Unless you adopt the lady's other child, you would have no child support obligation to her for that child. From what you have expressed and the way you have expressed it, you need to retain an experienced NY matrimonial attorney and do not get married prior to having a signed pre-nuptial... Read more »

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3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How do I respond to a motion for term of alimony if I never received it via registered mail.

I contacted USPS multiple times and they don’t know where it is. Ex says court date is scheduled for Jan 8th. What should I do?

Bari Weinberger
Bari Weinberger answered on Dec 17, 2020

Thank you for your question. First and foremost, all motions are required to be sent via regular and certified mail. I would call whatever courthouse where court is allegedly scheduled to occur. You are looking to speak with the family division office. Once there with your name and even better if... Read more »

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2 Answers | Asked in Divorce and Child Support for New Jersey on
Q: Can my ex stop his child support since my boyfriend moved in?

We have joint custody of three children. I am the parent of primary residence. He pays me $400 a month for three children in child support. My boyfriend moved in and now my ex wants to stop his child support payments.

Teresa L. Reichek
Teresa L. Reichek answered on Nov 20, 2020

Every situation is unique and has many factors. I can tell you that cohabitation is a reason to stop alimony payments, but not child support. Those are still his children and he still shares responsibility for their needs. That being said, you should consult with an experienced family law... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I got divorce from my first wife but the divorce from my first marriage was not valid, which means i was still married

I got divorce from my first wife but the divorce from my first marriage was not valid, which means i was still married to her when i married my second wife.

I am now divorced from my first wife and want to marry my second wife to make it a valid marriage.

What should i do?

Richard Diamond
Richard Diamond answered on Nov 16, 2020

Im not sure I understand what you mean when you say that your 1st divorce was not valid? But there is a recent NJ appellate division decision addressing this issue, where the parties were "married" for 25 years but when the wife filed for divorce, the husband claimed that their marriage... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Divorce and Family Law for New Jersey on
Q: Does a father have up to 1 year to sign baby's Birth Certificate?

I plan to give my son my last name right away and maybe change it down the road, after I see some changes in the father. How would I go about changing my sons name to his down the road? I heard I have up to 1 year to change it without a lawyer but I don't really know New Jersey law on that or... Read more »

Richard Diamond
Richard Diamond answered on Nov 12, 2020

The process is actually quite simple to change the birth certificate.

To start, go to "Correcting a Vital Record in New Jersey" at https://www.nj.gov/health/vital/correcting-vital/#2

If, you are uncertain or unable to find the correct form, you can also call...
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1 Answer | Asked in Divorce for New Jersey on
Q: Pendelite motion decision is on friday 13th.

husband filed for divorced . i replied back with answer and counterclaim. I filed for Pendente lite motion but he did not reply to that motion. I had requested oral argument. but i was told there will be no oral argument. Judge will decide on papers.

How is it going to affect my case?... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 11, 2020

Oral argument rarely if ever determines if how motions are won or lost. What you really need to do is to retain an experienced matrimonial attorney. You are emotionally involved, you are not a trained attorney and no matter how well educated you are, you cannot represent yourself. Abe Lincoln once... Read more »

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Custody for New Jersey on
Q: I was listed in someone else's custody order out of spite and wasn't informed. What can I do?

I have been dating someone for 18 months. 6 months into our relationship, his soon to be ex-wife, (who had met me and approved of me spending time with her kids and has full custody of them) decided she wanted to be with him again and stopped allowing the visitations she had previously allowed and... Read more »

Richard Diamond
Richard Diamond answered on Nov 10, 2020

You are not going to like my answer. This is an issue between your boyfriend and his wife as part of their divorce. I have no idea why the wife has decided that she does not want you to be with their children at this point in time but your boyfriend has the right to oppose same and to ask the court... Read more »

3 Answers | Asked in Child Custody and Divorce for New Jersey on
Q: My x is leaving the US, can I get full custody of my daughter? I don't know if he is coming back

My ex husband sold his house and is leaving the country am I able to fight for full custody/parenting rights of her until she is 18? According to our court papers he is supposed to take her evey wednesday night (over night) and hasn't done that in 3 years, hes missed other days of taking her,... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 9, 2020

Although you cannot terminate his parental rights, you can retain an experienced matrimonial attorney to make a motion to make you the primary custodial parent with full decision making authority and seek to have restraints on her leaving the country absent your consent.

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