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New Jersey Divorce Questions & Answers
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.

1 Answer | Asked in Divorce for New Jersey on
Q: what is the first step in a divorce process? In which circumstance will I not to to separate 18 months prior?
Teresa L. Reichek
Teresa L. Reichek answered on Feb 12, 2020

Thank you for your question. I know that contemplating divorce can be very stressful. The first step is to confer with an experienced family law attorney. A consultation will allow the attorney to explain your rights and make you aware of the process.

Procedurally speaking, a Complaint for...
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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: I am 17 and have divorced parents. I want to live with my mom full time. Do I need to be 18 to choose who to live with?
Leonard R. Boyer
Leonard R. Boyer answered on Jan 26, 2020

Your mother has to retain an experienced matrimonial attorney to obtain a change of custody and at the age of 17, the Court will take into consideration your wishes. However, that alone will not be the deciding factor for the Court.

1 Answer | Asked in Gov & Administrative Law and Divorce for New Jersey on
Q: dmv gave me state id with wrong last name I have a court order for the last name changed back to my maiden name

I have a court order for the change and the seal with it my soc sec card was changed back to my maiden name but dmv will not give me a new id and I lost a job because of it what can I do

Leonard R. Boyer
Leonard R. Boyer answered on Jan 21, 2020

First I suggest that you see someone high up in the management of the DMV in Trenton. Next retain an attorney to get this matter resolved. Good luck. But you will not be able to sue the DMV for your damages.

1 Answer | Asked in Divorce for New Jersey on
Q: I'm looking to get help divorcing my husband of 11 years. We've been separated for a little over a year. I have no incom
Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2020

Your location states MD, but your asking about divorce in New Jersey. Which state are you a legal resident of? In New Jersey, usually you have to be a resident of a state for one year. If you cannot afford a private attorney you need to contact legal aid. Your attorney can file what is known as a... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: How to respond to a divorce filed against me in Mississippi when I'm in the state of New Jersey?

I was put out of the home we shared with nothing but my clothing about a year and a half ago. I returned to New Jersey to get help from my family

Leonard R. Boyer
Leonard R. Boyer answered on Jan 16, 2020

You must put this question in Mississippi section, since you will need an attorney in that state to represent you in the divorce. Good luck.

3 Answers | Asked in Divorce for New Jersey on
Q: My husband divorced me 14 years ago. I am still living with him because he never paid me my settlement. Can you help me

I stayed because he kept promising to remarry me, to go to therapy, etc. I can't take it anymore.

Flavio Van Boekel
Flavio Van Boekel answered on Jan 15, 2020

You should have filed a motion to enforce your settlement 14 years ago. You never enforced it till now. Many changes have occurred between your divorce and your cohabitation. I think you really should retain a lawyer who focuses on matrimonial law and post-judgment divorce actions.

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: On a CIS is the Joint Life Style the average of how we lived or the way we lived at the end of the marriage?

I'm getting divorced. In the final 5 months of the marriage we had moved to an upscale apartment after living in a cheaper one for the other 6 years of marriage.

Andrew M Shaw
Andrew M Shaw answered on Jan 13, 2020

Unfortunately, there is no clean answer to your question. The left column of the expenses section of your CIS is meant to accurately reflect the marital lifestyle. It does not specify what period of time during the marriage should be used to calculate the numbers. That said, the answer should be... Read more »

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My ex husband hid $50,000 income a year for 3 years

Even though I asked for child support re evaluation in 2018 with bad legal council. Can I get back support since it is such extreme bad faith and he miss lead the court that there was no change of circumstance?

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

There is no way to know for certain. You would need rock solid admissible proof of the hidden income. Whether or not you had ineffective assistance of counsel, may be helpful. But there are too many unknowns to answer your questions without an in person consultation and document review. For most... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: My wife wants to file for divorce is it better for me to file the separation papers before she does with the county seat
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 27, 2019

I suggest you consult privately with a divorce attorney as these decisions are very presonal and this forum would only be providing general advice.

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3 Answers | Asked in Divorce for New Jersey on
Q: My wife wants a divorce and will be leaving the house. Is it better if I file for separation before her?

At what point is she not in titled to my health care I’m not a jerk.

Leonard R. Boyer
Leonard R. Boyer answered on Dec 27, 2019

There is no such thing as a legal separation in New Jersey! You cannot remove her from your health insurance under existing law, unless and until you obtain a Court Order allowing you to do so. But what you must really do, prior to anything else, is to retain an experienced matrimonial attorney to... Read more »

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2 Answers | Asked in Divorce for New Jersey on
Q: If you have 35 days to file a written answer or motion, is it 35 calendar days or 35 business days?
Teresa L. Reichek
Teresa L. Reichek answered on Dec 17, 2019

That's a good question that many people ask. You have 35 calendar days to file an Answer, Answer and Counterclaim, or Notice of Appearance. Motions, if necessary, come later. The best thing to do is consult with an experienced family law attorney about your next steps.

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1 Answer | Asked in Divorce for New Jersey on
Q: My husband left me. He does not want to reconcile. I do. Is there such a thing as willful desertion in nj?

Also, we've only been married for 17 months. Is there a waiting period before getting divorced? We have a prenup.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

There is no legal way to stop your husband from obtaining a divorce. Neither of you are required to try to reconcile nor is their any such thing as willful desertion. Both parties are NOT required to agree to a divorce. If you have significant assets or liabilities, then you will need to retain... Read more »

1 Answer | Asked in Criminal Law, Immigration Law, Divorce and Family Law for New Jersey on
Q: What can I do if my stepmother is hiding my resident card and pretending she doesn't know about it?

I've been having trouble with her for a while. My documents went missing for at least 2 weeks from where my father and I usually put them. My father ask my stepmother if she knows anything about it and she said no but sent him looking directly where they were in her room. My passport and... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 23, 2019

Short of applying for a replacement green card, you could file a police report.

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: NJ family court question: My ex spouses attorney withdrew their Motion to Terminate my alimony but ....

A judge issued a temporary reduction in spousal support until a Plenary hearing was heard. Both parties signed a Consent Order to withdraw motion + reinstate alimony. How long can it sit on a judge’s desk? It has been over a month.

Bari Weinberger
Bari Weinberger answered on Nov 21, 2019

Thank you for your question. I understand how frustrating the court system can be.

The short answer is it depends on the Judge and the County. I would suggest making follow up calls or even sending a follow up letter to the Judge. If you are still unsure, I strongly suggest that you...
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