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answered on Jun 1, 2024

You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... View More

You need to file an application immediately and you need to detail the timeline of every call to the other lawyers office with a print out from your cell phone record showing the call made, who you spoke with and what if anything was the response and the details of the other court proceeding with... View More

Thank you for your question. The fact that you have been separated since 1995 - app. 30 years and living in your own in my opinion we preclude you getting alimony.

The other issue is that a separation does not stop the clock on the marriage as only filing a divorce complaint would do that.... View More

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answered on May 16, 2024

I have good news and bad news for you. The bad news is that you have been separated since 1995, so your chances of being awarded spousal support are extremely slim. The good news is that you can get a divorce. You need to retain an experienced matrimonial attorney that will enable you to get on... View More

It sounds like you have a lawyer representing you and your lawyer is attempting to get documents for accounts you believe existed at some point in the past. If you have documentary proof of the existence of those accounts, give those documents to your lawyer so that your lawyer can ask the court to... View More

Thank you for your question. I am sorry that your ex is behind in child support. Yes, in most circumstances, private pensions (but not social security) can be garnished. However, it is not “automatic.” You will likely need to make an application to the Court to establish the garnishment. I... View More

Start with the presumption that his share of the pension will not be garnished. If there are arrears outstanding from his child support obligation, you need to file an application with the court and ask the court to enter an order imposing a garnishment on his share of your pension for repayment... View More

If your partner filed for divorce, typically they would have you “served”, meaning you would be given a copy of the divorce complaint and any ancillary documents. If your partner has an attorney, you can also contact their office to inquire about the status of any complaint/filing. If your... View More

When spouses agree on a modification to their Final Judgment of Divorce (such as an agreement to modify alimony) they can memorialize that agreement in writing and file what’s called a consent order with the Court. Before filing, both parties should sign the written agreement indicating they... View More

Consider interviewing a couple appraisers to inquire and compare their rates. You may also consider filing a Motion with the Court asking the Court to compel your spouse to participate in the appraisal, to make a negative inference against your spouse if they refuse to participate, and to reimburse... View More

This sounds like a difficult decision at an emotionally charged time. I would strongly recommend taking a pause before consenting to the move. When parties are going through a divorce, it can sometimes feel easiest in the short term to just agree and minimize conflict. However, long-term, just... View More

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answered on Apr 14, 2024

This could be done straightforward basis except for the part about it not being permanent. After about 1 year, the child's home state becomes FL. and your chances of achieving your objective diminish substantially. You should probably rethink this entire situation. There is no easy answer and... View More

I agree that Hudson County is one of the worst in the state for delays in the family part but it may also mean that your papers got lost or are sitting someplace with dust accumulating on them. Your lawyer should be able to tell you which judge the matter is assigned to and he / she should have... View More

If you and your spouse have been waiting for a Final Judgment of Divorce back from the Court, it may be worth it to contact the Family Division in Hudson County and inquire as to the status of your matter. The phone number is available on the New Jersey Superior Court website. It may be that the... View More

It is true that Court is backed up. I have found writing letters briefly explaining the concern and requesting a short conference with the Judge coupled with regular calls to the Judge's chambers assigned to the case (or the Presiding Judge if no Judge is assigned) to be helpful in getting a... View More

If your agreement is silent as when Alimony should end and your ex-wife has remarried, you should retain an experienced attorney to file a notice of Motion to terminate alimony. Remarriage is one of the legal grounds for termination of alimony unless an agreement or order states otherwise. In your... View More

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answered on Mar 29, 2024

You need to retain an experienced matrimonial attorney to bring a motion for termination of spousal support and credit for any overpayment. Spousal support can be from the day that they first began cohabitation. With modern technology there are no geographic boundaries on obtaining the best... View More

I have been a divorce lawyer for the past 38 years and I dont think I have ever had someone say that they voluntarily have paid alimony for the past 10 years with no writing in place and even after the other spouse remarried. I presume you have been making all of your payments directly and not... View More

My suggestion is that you need to schedule a consultation with another divorce lawyer. I dont know what occurred between you and your current lawyer but obviously there is an issue. If you want, write to the lawyer and ask him if he can schedule 10 minutes to update you on the current status of... View More

Abandonment or desertion is a fault-based ground for divorce in New Jersey. It is defined by statute (N.J.S.A. 2A:34-2) as "willful and continued desertion" for a term of 12 months or longer. One way to establish abandonment as a fault-based ground for divorce is by providing proof that... View More