My ex-husband and I filed our own divorce paperwork in 2014. He filed a motion two weeks ago that I disagree with and need to file a cross motion. I want to make sure I am filing the correct forms and providing the correct information. The more I read about the content of cross-motions, forms,... Read more »
Thank you for your question. Although the Court does have forms to address the application that has been filed, it would be best to consult an attorney to ensure an appropriate response is filed. As you note, this process can be difficult. Certain rules must be followed in order to ensure that the...Read more »
We have joint custody of our 9 year old daughter with him having residential custody. I see her every other weekend. The court order says he is supposed to ask and discuss all extracurricular activities, medical, religious, and school decisions. Instead he signed her up for soccer in which the... Read more »
Thank you for your question. I understand that must be very frustrating. My response is predicated on your court case being in a NJ court. You are supposed to agree on extra curricular activities, then you are responsible for taking your daughter during your parenting time. You are not a bad...Read more »
I have been the bread winner for entire marriage and have built up a significant savings while married. While I expect to give a percentage of my salary for alimony and savings, she is asking for 50% of all our assets including savings and 40% of my salary. She is willing to compromise and we... Read more »
It could be, but we don't know your entire financial situation, so cannot tell you. Although you both have supposedly agreed to mediation, that does not mean she or you won't talk to one of your friends, and mediation could go out the window.
No, you have to send both the Summons and Complaint. But, you would be much better off retaining an experienced matrimonial attorney. You are emotionally involved and have no idea of how to represent yourself.
Husband left the home due to mental and physical abuse over 2 years. The mother was a stay at home mom and filed first because he left, he willingly paid the rental amount for 2 months plus groceries and other needs but stopped when she restricted the father access to the child because he can only... Read more »
If you cannot afford an attorney, I recommend you contact the legal aid department in your area and see if they will take your case. I also recommend contacting the social justice centers of any law schools in your area, as some of them are equipped to handle certain family law cases for indigent...Read more »
My divorce was moved to arbitration because my husband was lying and destroying evidence of our business, he did this to hide both the value of the business and his income. After 7 years of arbitration my case was returned to the court. My husband continued to lie about his income which was... Read more »
My wife and I separated two years ago and agreed she would buy me out of the house. The mortgage is still upside down, so she cannot refinance into her name. We already have an MOU to file uncontested which includes the original buy out clause, but what legalities do we have to consider by filing... Read more »
Thank you for your question. I understand you would like to learn more about how to proceed with your uncontested divorce proceeding. First, the MOU should reflect whatever it is you intend to do. If the language is that there will be a buyout, but there is no intention to do a buyout, the MOU...Read more »
Thank you for your question. I understand you would like to know more about the difference between a contested divorce and an uncontested divorce. In either scenario, an attorney is not required. A contested divorce may be more difficult to navigate, but you are still allowed to represent yourself...Read more »
Although that is not uncommon, it could mean a divorce is on his mind, or it could mean he is planning to take care of you in some other fashion, but there is no way to know what his intentions are. You did not provide a sufficient factual basis to enable anyone to give you advice. So, if you are...Read more »
I make 65k a year, my wife makes 120k a year. We have 2 kids 1 & 4 in daycare that costs 2k a month. About how much would by monthly obligation be if we divorced? I would prefer 50/50 custody however I can see it being 30/70 in her favor due to my undesirable living arrangements after the... Read more »
You cannot afford not to retain an experienced matrimonial attorney. You are making too many assumptions that are not "real". You need to have an in person consultation right away to enable you to know what reality is and what to expect.
I bought a house in NJ (in 2018) and I’ trying to refinance, I’m married (not in the USA) but in a process to get divorced, the house is not the principal matrimonial residence and she is not in the title, because NJ is a Dower State, Does she needs to sign any paper because a dower interest?
Unless both parties sign and cooperate, there will be no refinance. However, NJ is an equitable distribution state, not a dower state. The concept of dower is totally irrelevant to NJ law. You need to retain an experienced matrimonial attorney who also practices real estate law to represent you in...Read more »
I have been married for a year and some change now and have not consummated my marriage. I already filed an 1-130, but do not want to continue the process. Is there anyway that I could get an annulment? Will i still be financially responsible if I get a divorce instead of an annulment?
Thank you for your question. I'm sorry that your marriage is ending. There is no time limit wherein an annulment must be filed. You can file for an annulment at any time during the marriage. As such, you are free to certainly do so if the relevant factors are present. Fraud is one such factor. With...Read more »
The opposing party has 35 days to file a responsive document. Once he or she files an Answer, Counterclaim, or just an Appearance the matter will move forward. You should always consult an experienced family law attorney. There are other documents that need to be filed, even if you both agree....Read more »
I cant survive on my salary and paying 65% of it, I cant pay full Alimony and I am behind over $205k I cant afford a lawyer i am 58 broke and have no savings. The court is draining me. IS there no one that can help me?
You need to find a experienced family law attorney who can file a motion on your behalf requesting modification due to a change in circumstances. You should be prepared to fill out a new set of financial forms and be able to explain why your income has been reduced and why it is unlikely to be...Read more »
Due to verbal abuse I fled my home as he refused to leave. He now has the house and I rent. I’m not working quite f/t yet but taking as many hours as I can. He is supposed to pay for reasonable child activities but either says no or doesn’t answe me. Please can you help? I had to borrow the... Read more »
You should likely first have an attorney write a letter to him on formal letterhead, sent via regular and certified mail, demanding immediate payment and threatening to take legal action if he does not comply with the divorce judgment. Second, if he refuses or fails to respond within a specified...Read more »
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