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 »
you need to send your wife's lawyer a copy of anything you file with the Court. I don't think they will dismiss the case based on this but the Court rules state that all documents must be served upon the opposing party or their counsel. So going forward you must follow the rules.
Anything submitted to the court by you or by your wife's lawyer MUST BE copied to the other side simultaneously. Neither side can file anything with the court without providing it to the other side, which means that you have the responsibility of going down to the court to get a copy of the...Read more »
i assume she has to open a 401k on her own, or through a employer. does she have a limited amount of time to remove the money, or can she leave the money in my 401k as long as she wants........thank you
That's an excellent question. There are may factors involved. If a proper QDRO (Qualified Domestic Relations Order) was executed and she chose the option of receiving payments when you retire rather than opening her own retirement plan, then it would make sense that the full balance is still...Read more »
I am on disability and do not work do my spouse get my home in the divorce since I paid for it with my deployment money and she was unfaithful and pay no bills since she move into the house? Can I ask her to move out?
The grounds for divorce in New Jersey have nothing to do with the economic issues. Your situation will require an in person consultation with an experienced matrimonial attorney to provide meaningful answers and guidance. You should retain the best attorney that you can afford.
You may want to consider contacting one of the bar associations in New Jersey (such as the Mercer County Bar Association). Depending on your specific circumstances, that organization may be able to connect you to a lawyer who offers discounted legal services.
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