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New Jersey Divorce Questions & Answers
2 Answers | Asked in Divorce and Immigration Law for New Jersey on
Q: I married an illegal immigrant (crossed border) and filed an 1-130, is it too late to file for an annulment?

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?

Bari Weinberger
Bari Weinberger answered on Jul 12, 2019

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 »

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3 Answers | Asked in Divorce for New Jersey on
Q: In NJ when filing a uncontested divorce do you have to wait 35 days or more after papers are served if you both agree?
Teresa L. Reichek
Teresa L. Reichek answered on Jul 8, 2019

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 »

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2 Answers | Asked in Divorce for New Jersey on
Q: I need a divorce but have no income..pls help
Leonard R. Boyer
Leonard R. Boyer answered on Jul 6, 2019

All you will need to do is contact New Jersey Legal Services for an attorney to represent you.

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1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for New Jersey on
Q: I am being garnished Alimony and Child support based on a $150,000 salary i made 6 years ago, i make 92k now. Help

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?

Teresa L. Reichek
Teresa L. Reichek answered on Jun 26, 2019

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 »

2 Answers | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: What can I do if I'm paying child support and cannot afford living arrangements for myself

living homeless And getting a second job results in payment being separated between both jobs and my ex wife is undergoing cancer treatment and has not been employed

Brian Winters
Brian Winters answered on Jun 7, 2019

Maybe the child support is not commensurate with the child support guidelines. You should consult with an attorney to find out.

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2 Answers | Asked in Divorce for New Jersey on
Q: Hi I’m a recently divorced mom of two children. My divorce was finalized on May 12 and I share custody with my x husband

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 »

Andrew M Shaw
Andrew M Shaw answered on Jun 4, 2019

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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1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Ex wife filing for child support after years since finalized divorce. Can she get back child support?

It’s been over 4 years since divorce finalized. We agreed to certain amount per month. Shes now filing for child support and wants it starting from divorce date. Would I have to pay?

Brian Winters
Brian Winters answered on Apr 24, 2019

No, there’s anti-retroactivity statute

2 Answers | Asked in Divorce for New Jersey on
Q: 18mth phys sep NJ, wife of 8yr, payin 150/mth based on verbal.Wil I hav 2pay mor once divorced? I make 2x’s mor then her

I have been physically separated in NJ for 18 months, paying $150/month to my wife of 8 years. I want to file for divorce. Will I likely have to pay much more than that in alimony since my wife has been able to live with her income plus my $150/month I have been paying her without financial... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 25, 2019

Your questions and concerns require an in person consultation with an experienced matrimonial attorney. There are numerous factors that the Court will consider, but your case is extremely unlikely to go to trial. If both you and your not yet ex-wife retain counsel, a settlement agreement can be... Read more »

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1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: Hello. I’ve received a motion from my ex husband to lower child support and I need to know how to respond
Andrew John Economos
Andrew John Economos answered on Feb 28, 2019

If you are able, I would first suggest that you contact an experienced family law attorney to assist you. I have seen it too many times where a litigant attempts to go it alone and receives an unsatisfactory outcome, only then to seek out the assistance of counsel. By that point, it is often too... Read more »

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 »

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