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New Jersey Divorce Questions & Answers
2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New Jersey on
Q: Can I move out of the house with my kids before a divorce or agreement? Or would it be abandonment I live in NJ

Married 8 yrs living together 16. 2 kids 9 & 11 yrs old. The house is only under my husbands name but was bought right after my youngest son was born but before we got married, he doesn’t work(hasn’t for a few yrs) I pay the mortgage (I give him the money cash) and also pay bills thru my... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 12, 2024

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

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1 Answer | Asked in Divorce, Domestic Violence and Family Law for New Jersey on
Q: If I do not agree with the Judge's decision in my divorce trial, can I file an appeal or sue my ex-husband?

This is a domestic violence case with extensive misuse of marital funds and loss.

Richard Diamond
Richard Diamond
answered on Feb 28, 2024

If the trial is over and the court has ruled on all issues outstanding and has issued a decision ( from the bench or in writing), you have the right to seek an appeal of his rulings to the appellate division. There is a specific time frame for the filing of an appeal, specific documents that must... View More

2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 1, 2024

I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and... View More

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2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

Louis A Casadia
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answered on Feb 1, 2024

I also agree you should just call the court and explain your situation that you did not get notice in time. An attorney could also do this on your behalf. As to the simple assault charges you need representation so that someone can obtain the evidence and speak with the Prosecutor. It may also be... View More

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: If I have a court order with date till I have to file answer for a divorce, can I ask the court for extention ?

I have dead line for answer for my divorce case but I need more time.

Since the date is in court order I would like to know if I can ask the court strait for extention or I have to reach up the other parties before I filed to court? Nj

Richard Diamond
Richard Diamond
answered on Jan 30, 2024

If the deadline to file an Answer is set forth in a court order, you need to comply with that deadline. My guess is that the other lawyer is not going to give you additional time. BUT, go online and google form Answer to divorce complaint in New Jersey and I have to beleive that there are plenty of... View More

2 Answers | Asked in Family Law, Divorce, Child Custody and Child Support for New Jersey on
Q: I have joint custody of the children. My adversary hasn't consulted with anything, now ask me to pay for all expenses

I have joint custody of the children, but my adversary hasn't consulted me on any decisions since our divorce.

Without my input, she chose an expensive out-of-state school for our son. Recently, she filed a motion seeking me to cover all college and additional expenses. Do I stand a... View More

Bari Weinberger
Bari Weinberger
answered on Feb 6, 2024

Thank you for your question. I am sorry to hear you are going through this stressful time. In a situation like the one you describe, contesting such an issue is certainly possible but succeeding in same depends on a getting more parenting time could be possible, however this would be based upon a... View More

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2 Answers | Asked in Family Law, Divorce, Child Custody and Child Support for New Jersey on
Q: I have joint custody of the children. My adversary hasn't consulted with anything, now ask me to pay for all expenses

I have joint custody of the children, but my adversary hasn't consulted me on any decisions since our divorce.

Without my input, she chose an expensive out-of-state school for our son. Recently, she filed a motion seeking me to cover all college and additional expenses. Do I stand a... View More

Richard Diamond
Richard Diamond
answered on Jan 24, 2024

You NEED to meet with an experienced divorce lawyer and have him prepare your opposition paperwork and your cross application addressing your ex's failure / refusal to cooperate with your rights as a joint legal parent under the terms of your agreement. Simply walking into court and thinking... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How long do I have/how long can I legally wait to pay out the lump sum payment to my ex? (NJ)

divorce agreement doesn't specify time only to be paid by cert check. the agreement does not even say "lump sum" it just says, " Husband shall tender to Wife a certified check in the sum of $75,000"

Bianca M. Sangiovanni
Bianca M. Sangiovanni
answered on Jan 22, 2024

The answer will depend on the facts surrounding your divorce, equitable distribution of assets and any contingencies that might exist to trigger a reasonable time frame of the payment to be made. You should consult with an experienced family law attorney to guide you as you will likely be served... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How long do I have/how long can I legally wait to pay out the lump sum payment to my ex? (NJ)

divorce agreement doesn't specify time only to be paid by cert check. the agreement does not even say "lump sum" it just says, " Husband shall tender to Wife a certified check in the sum of $75,000"

Richard Diamond
Richard Diamond
answered on Jan 22, 2024

Need additional information to be able to answer the question. You state that you are obligated to pay your ex 75,000 but you never told us what the 75,000 was for? Buy out of your ex's interest in the marital home, your retirement account, but out of your alimony obligation or for some other... View More

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1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Health Insurance cost sharing when ex claims a kid for her own tax break?

Under my own name as PPR, claiming both kids qualifies them for cost-free Medicaid. By claiming my daughter on her taxes, my ex gets one deduction but potentially disqualifies my daughter from being covered under my Medicaid. If that happens, who becomes responsible for the new healthcare costs... View More

Leonard R. Boyer
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answered on Jan 1, 2024

The facts you stated do not support the results that you mentioned. You really need to retain an experienced matrimonial attorney to determine exactly what the situation is. Any custody or other issues should be resolved in a Court Order. Be prepared to pay a matrimonial attorney a consultation fee... View More

1 Answer | Asked in Family Law, Divorce and Domestic Violence for New Jersey on
Q: Can an incident from a dismissed TRO appear on a new TRO?

My GF and I had a fight and she requested a TRO. The triggering incident was that we saw each other in a yoga class and she concluded I had followed her there, although I go to yoga at the same location. She withdrew the TRO and when I attempted to talk to her again she filed for a new TRO. At the... View More

Richard Diamond
Richard Diamond
answered on Dec 27, 2023

Defending against a domestic violence complaint is not a simple task and the information in the complaint is designed to educate you as to the scope of testimony she plans to present. If she did not include any information as to the prior yoga incident, then she could not testify as to it at trial... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What proof do I need to argue for sole custody of my children temporarily.

My husband abuses alcohol (I would say alcoholic) while taking various prescription meds over the years. History of anger issues, infidelity, abuse. Physically with myself, and around the home. Breaking/throwing things. I have 1 police report of property destruction, but nothing for my physical... View More

Bari Weinberger
Bari Weinberger
answered on Nov 14, 2023

Thank you for your question. I am sorry to hear that you are going through this stressful time. In order to properly answer your question, it is important to understand what you mean when you say “argue for sole custody temporarily”. When addressing custody, there is legal custody and... View More

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1 Answer | Asked in Divorce and Health Care Law for New Jersey on
Q: How can I expedite a divorce hearing and relinquish medical authority in NJ?

I plan to visit the clerk of court in Henderson, NC, on March 25, 2025, to obtain a court date for my divorce hearing. My wife and I have been separated for almost five years. She is currently hospitalized in New Jersey, and her Medicaid has run out. As we are still legally married, I am considered... View More

Leonard R. Boyer
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answered on Mar 26, 2025

You need to retain an experienced NC matrimonial attorney. The clerk of the Court cannot give you legal advice. The NC attorney can tell you if there is a procedure in NC for an expedited divorce. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL... View More

1 Answer | Asked in Divorce, Business Law and Employment Law for New Jersey on
Q: Am I responsible for debts and will husband keep pension after his sentencing in New Jersey?

I am currently separated from my husband and planning to file for divorce. We both have debts, some of which are related to his ongoing legal case. My husband is due to be sentenced on the 28th of this month. I would like to know if I will be fully responsible for these debts. Additionally, we have... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 11, 2025

More information would be needed to answer your question as specific questions would need to be asked and answered, to give you the answer in your case. But in many cases a spouse is responsible for the debts of the other spouse especially for necessity's of life. Set up a consultation to... View More

1 Answer | Asked in Divorce and Criminal Law for New Jersey on
Q: Will my husband's sentencing complicate our divorce in NJ?

I have not filed for divorce yet, and my husband is about to be sentenced in New Jersey. There are no children involved in our marriage. Will his sentencing complicate the divorce process, and how might it affect the proceedings?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 11, 2025

It generally won't complicate your divorce proceedings but for his criminal proceedings his lawyer would know best because it would depend on the type of case he has and the facts of his case.

1 Answer | Asked in Divorce and Child Custody for New Jersey on
Q: Can divorce reason be changed from irreconcilable differences to extreme cruelty in NJ?

In New Jersey, I received a judgment of divorce based on irreconcilable differences. My ex is challenging that judgment, seeking to change the reason for divorce to "Extreme cruelty" to potentially gain more money and full custody, even though we initially agreed on finances and custody.... View More

Leonard R. Boyer
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answered on Mar 10, 2025

The ground for divorce is irrelevant to anything else. I have been licensed for 40 years in NJ and have handled about 3000 divorce cases and I have NEVER heard of the ground for divorce being changed after a Judgment of Divorce was entered. The entire notion is absurd to me.

1 Answer | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Does NJ Family Part Case require new spouse's income for child support/alimony change?

I am trying to fill out a NJ Family Part Case Information Sheet regarding a motion to decrease child support and alimony. I have two children, aged 24 and 21, that I believe should be emancipated since the oldest has graduated college and the other is employed and not in school. The motion also... View More

Leonard R. Boyer
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answered on Mar 1, 2025

The income of a new spouse is irrelevant to child support and the same is true of spousal support. Good luck.

1 Answer | Asked in Divorce, Real Estate Law and Tax Law for New Jersey on
Q: Can my ex husband's future creditors put a lien on our former home that is in my name only?

If my ex husband is taken off the deed to the house in our divorce, but the agreement reads he is entitled to a portion of the proceeds if and when i decide to sell, can a lien be put on the house in the future from his creditors?

Anthony M. Avery
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answered on Jan 23, 2025

If there is no deed recorded from him to you, then both it. The divorce has nothing to do with third parties. Creditors could get a judgment against him, then collect against any asset he has including the divorce term to share in sale proceeds without a filed judgment lien.

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: How does a person deal with an ex and co-parent who constantly threatens legal action and calls for police on you?

If I don’t answer her texts she sends cops for a wellness check. If I do answer and the response isn’t what she wants to hear she says I’m harassing her, calls the cops to make a report. She continues to send me messages after reporting I’m harassing her which I reply to and then says I am... View More

Richard Diamond
Richard Diamond
answered on Dec 1, 2024

Maybe its time to retain a family law specialist and let the attorney file an application with the court to address your claims of her on going bad actions and ask the court for relief. It seems that your efforts to resolve the parenting time conflict with her is not working.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: Would marital property split equally, if one party dies, they were divorced but hadn't yet sold the poperty

Husband & wife buy a condo together and at the time, put 1 of their 20 yr old kids on the deed. They divorce 10 yrs later, then wife dies before they sell property. Division of assets was filed at time of divorce, states wife lives there for 2 yrs, then they sell and split equally, & in... View More

Leonard R. Boyer
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answered on Nov 23, 2024

The answers to your questions cannot be determined in an online forum. You must have a consultation (either secured video conference or in person in an attorney's office). In addition, you do not have privacy by posting in this forum. Just like you found it so can your so can the other parties... View More

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