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New Jersey Divorce Questions & Answers
1 Answer | Asked in Divorce for New Jersey on
Q: Hello, how long would it take for me to finalize my divorce. DOCKET # FM-07-002811-18-D

I hired my lawyer in February 2017 and it is still not finalized. Last communication the lawyer did with me is January 5, 2019.

Andrew John Economos
Andrew John Economos answered on Feb 28, 2019

There is no set time frame on how long it should take. The courts strive to have your matter concluded within 12 months, but that may not be realistic depending upon the complexities of each case, coupled with the number of cases in a particular county (Essex is notorious for having heavy case load... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: Can the defendant in a divorce case seize the electric generator

Does a Emergency generator for electricity connected to a home become a asset in a divorce case to be split?

Leonard R. Boyer
Leonard R. Boyer answered on Feb 23, 2019

Yes, but with an experienced matrimonial attorney, everything can be negotiated.

1 Answer | Asked in Divorce and Immigration Law for New Jersey on
Q: B2 extension approval odds?

Hello experts,

I am willing to file b2 extension with consequent COS to F1. Currently I am married to GC holder, willing to file for divorce. I am here in USA and willing to study...I have unfinished MBA. I dont want my marriage influence my life any longer

Kindly let me know what... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 22, 2019

What you want to do is quite possible. There are timing constraints regarding switching from B-1 to F-1, so be careful. We recommend that you consult with an immigration attorney through this process.

1 Answer | Asked in Divorce for New Jersey on
Q: If im from argentina and live in Argentina but got married in las vegas where should i get divorced????
William N. Sosis
William N. Sosis answered on Feb 21, 2019

Probably Argentina. But since I'm not familiar with Argentina, be wary that International divorce laws vary. Even within the US, divorce laws can vary between states. You should also consider any jurisdictional issues that may be brought up by your spouse.

2 Answers | Asked in Domestic Violence and Divorce for New Jersey on
Q: Hi my ex wife put a restraining order out on me she lied on the paperwork what can i do

She trying to ruin me I need help

Leonard R. Boyer
Leonard R. Boyer answered on Feb 12, 2019

You need to retain an experienced matrimonial attorney, with extensive domestic violence trial experience to help you and represent you in this case. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: If you get married and you never constamated the marriage is it legal

Kerryann Whitman I got married on July 26th 2011 and my husband left at the park on our wedding day I have never seen or heard from him again is this a legal marriage he left me for another woman

Leonard R. Boyer
Leonard R. Boyer answered on Jan 31, 2019

You need to file for divorce or annulment. The marriage is still in effect unless and until it is terminated by a Court. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can... Read more »

2 Answers | Asked in Divorce, Family Law, Child Support and Juvenile Law for New Jersey on
Q: my ex and I were Married and had our daughter in New Jersey . Transferred to Florida when she was 18 mon old . Got

Divored in Florida. My daughter and I moved back to NJ . Her Child support ends at 18 and it doesn’t mention helping pay for collage . Florida law says they don’t have to help wirh collage But Jersey law says they do . How do I get it changed so he is required to help with collage

Arnab Kumar Banerjee
Arnab Kumar Banerjee answered on Jan 29, 2019

two states have different child support laws. as for child support i presume the following : your child's support started in new jersey and then when you moved to Florida then you end child support in new jersey and started child support in Florida. then when you come back to new jersey again then... Read more »

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My mom was state employee for PERS had life insurance and pension. Is my divorced father entitled to these benefits?

Divorced 2004. Beneficiaries added 2000 but never updated.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 3, 2019

Your question can not be answered without more facts and an in person consultation with a document review. Call an experienced attorney today to learn the answers.

1 Answer | Asked in Divorce, Family Law and Immigration Law for New Jersey on
Q: I married to a Student Visa girl less a year and now we are getting divorce? is there any alimony involve in this?

She didn't like the apartment i lived in. Also, she knew before marriage i live with my parents and they are dependent on me because they are disable. She left the house after three months of our marriage. Now, she has her own apartment and living independently. She was on student visa so she... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 27, 2018

You do not need her signature to obtain a divorce. You just need to retain an experienced matrimonial attorney, who will represent you in this case. There is no issue of spousal support either. As for the immigration aspects, I am fairly certain this was a fraudulent "Green Card" marriage on her... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for New Jersey on
Q: My wife wants a divorce and wants to take the kids out of state in the middle of the school year when my son has a

My wonnHas a mild learning disability and she speaks English to assure the medical and educational well being of my children. I am their father and she wants to take them to St Lo hi is Missouri where her sister lives . By law can she just pick up and go

Leonard R. Boyer
Leonard R. Boyer answered on Dec 25, 2018

NO! She cannot leave N.J. without a Court Order, which allows it. You can certainly fight this by retaining an experienced matrimonial attorney. In a landmark ruling handed down recently by the New Jersey Supreme Court, the court unanimously reversed its 2001 Baures holding that a custodial parent... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: Confused over deadline to execute a NJ divorce settlement before alimony deduction ends- court approval?

TCAJA does not appear to require court approval or a divorce filing in court before December 31, 2018 if you have a written separation agreement that preserves the alimony exclusion. Can my wife and I execute and get notarized a separation agreement through mediation and have a chance to meet the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 13, 2018

You really need to have this document prepared by an experienced matrimonial attorney and the divorce completed prior to December 31, 2018. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court... Read more »

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Divorcing a narcissist NJ. Is it difficult to get legal protection from constant slandering, verbal abuse & harassment?

I tried to ask for divorce in the past. Spouse constantly called, emailed & texted 24/7 when I was not home. Threatened to slander my reputation, called my friends and family to get them on his side, tried to put my kids against me, made sharing our home impossible, take away my car, ruin my... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 11, 2018

No it is not hard at all. You need to retain an experienced matrimonial attorney to handle this case in an aggressive professional fashion. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney... Read more »

1 Answer | Asked in Divorce, Family Law, Tax Law and Communications Law for New Jersey on
Q: Hello I am a student at William Paterson University I have a project where I have to interview a lawyer.

I have project to turn in on Friday and my assignment is to interview a lawyer is anyone available at this time. I just want to ask a couple of question

Leonard R. Boyer
Leonard R. Boyer answered on Dec 5, 2018

This is not the purpose of this forum. Call an attorney during their business hours.

1 Answer | Asked in Divorce for New Jersey on
Q: Can my ex go after my disability payments for support?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 1, 2018

Probably not, but more information is needed to answer your question with certainty.

2 Answers | Asked in Divorce for New Jersey on
Q: I am in the process of filing for divorce. My husband has not lived in the residence for 20 months.

When we divide the house (buy him out) do I deduct half the mortgage I paid for the 20 months as he has not given me any money for that period of time. I paid all bills plus his medical insurance.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2018

All aspects of equitable distribution, which includes assets and liabilities can be negotiated during the divorce process. Your case requires an in person consultation with an experienced matrimonial attorney. Do not let geographic restrictions get in the way of retaining the best attorney. Pick... Read more »

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2 Answers | Asked in Family Law and Divorce for New Jersey on
Q: Bought a house in New Jersey for $140,000 one year prior to marriage. Wife after22 years of marriage wants divorce.

House now worth 200,000. Is wife entitled to half or half of appreciation?

Leonard R. Boyer
Leonard R. Boyer answered on Nov 26, 2018

If you are both in NJ and the property is in NJ, the general rule is 1/2 the appreciated equity. But in a divorce, everything is subject to negotiation and some things can be traded off for others. You need to retain an experience matrimonial attorney to represent you in this case. Pick the best... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: How do I request a subpoena for not complying to submit interrogatories in a divorce. Is there a form

or is a letter to the acting judge sufficient? The divorce is set for trial and the acting judge ordered my husband to comply with order to produce by a certain date or request for sanctions can be submitted, and that due date set has passed.

Bari Weinberger
Bari Weinberger answered on Nov 19, 2018

Thank you for your question.

In order to address the other party’s non-compliance, a motion should be filed to compel the party to provide the information. If you are still having difficulty, subpoenas should be issued to obtain the information. Depending on the discovery schedule, the...
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2 Answers | Asked in Divorce for New Jersey on
Q: Are you entitled to spousal support after 3 years of marriage? Both spouses work

No kids and the house is in her name and she initiated the divorce. The grounds are irreconcilable differences.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 13, 2018

There is some chance of spousal support, but that would require an in person consultation with an experienced matrimonial attorney and a detailed review of the assets and liabilities of both parties.

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1 Answer | Asked in Divorce for New Jersey on
Q: Is there new leading case law relavent to Pascale v Pascale N.J. 1995
Leonard R. Boyer
Leonard R. Boyer answered on Nov 10, 2018

RAJAT CHANDA, v. KRISHNA SEN SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4178-14T3 is the most recent case pertaining to Pascale.

2 Answers | Asked in Divorce for New Jersey on
Q: I am trying to get my husband to sign an amended copy of a divorce complaint that he resfuse to sign because of Alimony.

I would like to know why I cannot get a divorce just because my husband refuse to sign acknowledgement papers. I have filed my complaint since May of 2018 and I am ready to get the case heard before a judge so I can get a divorce decree. My husband moved out since I first served him divorce papers... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 29, 2018

You need to retain experienced matrimonial counsel. His signature is irrelevant. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic... Read more »

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