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New Jersey Divorce Questions & Answers
3 Answers | Asked in Divorce for New Jersey on
Q: I have an asset overseas... is that part of any divorce settlement?
Andrew M Shaw
Andrew M Shaw answered on May 26, 2020

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 »

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2 Answers | Asked in Divorce for New Jersey on
Q: My wife and I divorced after 30 years. We had an insurance policy where I am the beneficery. Company says they can't pay

me because it's not in the divorce decree so I'm no longer the beneficiary. Is this true or can something be done?

Leonard R. Boyer
Leonard R. Boyer answered on May 5, 2020

Nothing can be determined without a review of the divorce decree and a copy of the policy.

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1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Continuation of Child Support request for child who is transferring from Community College to College - Procedure?

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 »

Richard Diamond
Richard Diamond answered on May 5, 2020

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 »

1 Answer | Asked in Divorce for New Jersey on
Q: I was a filipino citizen when I filed for divorce in US to wife in the Philippines. Now, Us citizen. Is it recognize?
Richard Diamond
Richard Diamond answered on Apr 28, 2020

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 »

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: How to continue child support for child who will transfer from Community College to College?

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 »

Richard Diamond
Richard Diamond answered on Apr 17, 2020

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 »

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My ex- is supposed to have the 1 night a week for dinner and every other weekend. He has only seen them

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 »

Richard Diamond
Richard Diamond answered on Apr 14, 2020

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 »

1 Answer | Asked in Divorce for New Jersey on
Q: Can a defendant amend their own counterclaim in a divorce case?
Richard Diamond
Richard Diamond answered on Apr 8, 2020

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 »

3 Answers | Asked in Contracts, Divorce and Family Law for New Jersey on
Q: In a premarital agreement, can you make a specific clause that only takes effect if one of the parties files for divorc
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 29, 2020

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.

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2 Answers | Asked in Divorce for New Jersey on
Q: Can G4 visa holders file for divorce in NJ.

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Andrew M Shaw
Andrew M Shaw answered on Mar 27, 2020

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 »

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2 Answers | Asked in Divorce for New Jersey on
Q: Need advice about divorce qdro

My ex husband retired , and we have a qdro and I didn’t get any money he retired years ago he didn’t tell me when he retired either. What can I do or what should I do?

Bari Weinberger
Bari Weinberger answered on Mar 26, 2020

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 »

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4 Answers | Asked in Divorce and Immigration Law for New Jersey on
Q: what would someone need to get to the US

if the guy i was arranged to marry tries to use our verbal marriage certification, would it work?

Svetlana Kats
Svetlana Kats answered on Mar 25, 2020

Hi there! No, verbal marriage arrangement will not work for immigration purposes- you need a real official marriage certificate.

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2 Answers | Asked in Domestic Violence, Divorce and Immigration Law for New Jersey on
Q: I am a foreigner who married to a US Citizen,a 2 yr conditional GC holder. Domestic violence victim,what are my rights?

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 »

Stephen Arnold Black
Stephen Arnold Black answered on Mar 21, 2020

Retain a legal aid free attorney to file a VAWA petition. Inquire at the women’s shelter.

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1 Answer | Asked in Divorce for New Jersey on
Q: is a verbal marriage considered a real marriage? someone is using me to get a visa, how may i prevent that?

i was in an arranged marriage, it was religiously done by verbal consent. is this enough proof for him to be able to enter the states?

Leonard R. Boyer
Leonard R. Boyer answered on Mar 15, 2020

Especially in the current state of the world, I seriously doubt he can enter the U.S.

1 Answer | Asked in Divorce for New Jersey on
Q: I filed a with the court a Family Part Case Information statement and now my wife lawyer want to have my case dismissed.

My wife lawyer want a copy that I sent to the court but the court has the only copy can they get the copy from the court?

Teresa L. Reichek
Teresa L. Reichek answered on Mar 10, 2020

The many rules and procedures of the Courts can be confusing to a layperson. This is one of many reasons why you should retain a competent family law attorney.

To answer your question, whenever you file anything with the Court you are required to also send a copy to opposing counsel. It is...
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2 Answers | Asked in Divorce for New Jersey on
Q: I filed with the court a Family Part Case Information statement and now my wife lawyer want to have my case dismissed.

My wife lawyer want a copy I sent to the court but the court has the only copy, can the lawyer get the copy from the court?

Ivan Raevski
Ivan Raevski answered on Mar 9, 2020

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.

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2 Answers | Asked in Divorce for New Jersey on
Q: I filed with the court a Family Part Case Information statement and now my wife lawyer want to have my case dismissed.

My wife lawyer want a copy I sent to the court but the court has the only copy, can the lawyer get the copy from the court?

Richard Diamond
Richard Diamond answered on Apr 8, 2020

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 »

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2 Answers | Asked in Divorce for New Jersey on
Q: my ex wife was awarded $27,000 from my 401k 2 years ago.its still in my 401k, is there a statute of limitations ?

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

Teresa L. Reichek
Teresa L. Reichek answered on Mar 9, 2020

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 »

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2 Answers | Asked in Divorce for New Jersey on
Q: I brought my home with my home with my military deployment money my wife is not on the loan. do I have sell my home?

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?

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

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.

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2 Answers | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Looking for a divorce lawyer I am a stay at home mom with 3 kids and am looki g for a lawyer that offers pro bono servic
Sara B Cohen
Sara B Cohen answered on Feb 23, 2020

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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1 Answer | Asked in Domestic Violence and Divorce for New Jersey on
Q: I moved out over a year ago, kids are with me, I have a restraining order against him. Is he entitled to any of my money

I have supported myself and our kids the past year. Is any money I make and get back from tax returns considered marital assets?

Leonard R. Boyer
Leonard R. Boyer answered on Feb 14, 2020

You are asking for an answer to a question, that is in effect in a vacuum. You really need to retain an experienced matrimonial attorney and file for divorce. NJ has no such thing as legal separation.

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