The starting point is the actual language of the settlement agreement.

While you say the language only applies to communications between you and your ex, the actual language may be broader or there may be another language in the agreement that gives either/ both of you the right to speak... View More

Thank you for your question. There is no legal basis for your former spouse to request a meeting with your new girlfriend. Parties are free to make private agreements with any provisions they desire. Based on the information you provided, you only agreed to consult each other regarding third... View More

Reopening a divorce matter is difficult and can be expensive. You may be 100% correct but to reopen a case, you need to give a lawyer

a. the settlement agreement,

b. the underlying discovery material provided by your husband as part of the divorce matter,

c. your... View More

Thank you for your question about reopening your New Jersey divorce. In order to answer your question, the attorney would have to read your divorce agreement. The court in New Jersey usually enforces settlements between parties, however, in your case you believe there was fraud. Fraud could be... View More

Thank you for your question. There is no "tax" on the annuity. What I believe you are referencing is that the "present value" of an annuity is worth less than what the annuity will ultimately pay. If you are treating assets that both have a "present value" such as bank... View More

Politely, you need to sit down with an experienced divorce lawyer since it appears that "someone" is doing some fast talking and you have no idea whether the claim is true or not - which means you need someone to represent you who knows how to call B...shit when such claims are made.... View More

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answered on Feb 26, 2023

New York law will apply here. However, under NJ law the pension is an asset of the marriage which is distributed through a Qualified Domestic Relations Order so it is not in the same category as alimony spousal support. Your alimony spousal support may be decreased or terminated if you cohabitate.... View More

You would really be assisted by hiring an attorney here. An attorney could record everything into a martial settlement agreement as your proposal, submit that agreement to the other party who would be invited to review it with her own attorney, and then once it is signed you would just put through... View More

I understand that you and your wife want to resolve your divorce matter simply, but you cannot get a divorce and tell the court that you and your wife will work out the details later. You and your wife need to have a written agreement in hand resolving all issues outstanding. Once you and your wife... View More

Thank you for your question. A complaint for divorce must be filed accompanied by a Marital Settlement Agreement which is a comprehensive document including the resolution of all outstanding issues. The Court’s will enforce an agreement between parties for so long as it is not unconscionable. It... View More

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answered on Feb 20, 2023

Unless otherwise agreed by the parties, the coverture of the marital estate is date of marriage to date the divorce complaint is filed. Any asset that falls into that time frame is part of the marital estate and therefore presumed to be subject to equitable distribution. There are certain... View More

In New Jersey, except under extremely unique circumstances, you cannot bifurcate your divorce matter - meaning the court will not permit you to get a divorce now and address custody issues later.

Separately, I gather you live in New Jersey and your spouse and children live in a different... View More

Thank you for your question. Typically, all issues are resolved at the time a divorce is finalized, including custody and parenting time, unless there is a specific reason why that cannot be accomplished, though that happens very infrequently. If your children reside in a different state than you... View More

The best advice I can give you is to sit down with a divorce law specialist as quickly as possible for a consultation since it seems as if your husband is liquidating assets. Im not sure if the assets being liquidated are premarital assets, assets immune from distribution in a divorce or assets... View More

Thank you for your inquiry. I am so sorry that you are going through this. Typically, during the course of a divorce, each party can be required to provide financial information and records going back several years, depending on the specifics of the matter, and specific documents can be requested... View More

My suggestion is that you schedule a consultation with a family law specialist to review the motion papers filed by you and your former spouse along with the agreement and the most recent court order to get a better handle on the judges ruling - otherwise a lawyer will be guessing as to his... View More

Thank you for your question. Under the law in New Jersey, the Court does have the ability to Order one parent or the other to provide insurance coverage for the children. Without knowing the specific details of your matter and the reasons for which the Court entered this specific order, it is... View More

I presume that your spouse filed a complaint for divorce and you were properly served with it and as a result, you then had 35 days from the date of service of process of that complaint to file a responsive pleading and you have either run out of time or are running out of time to file. Before... View More

Thank you for your question. You can ask for relief from the court. Whether the court will grant the relief requested depends on a variety of factors such as when were you served? Under what circumstances were you served? What was the reason for your delay in responding? Were there extenuating... View More

Presuming you and your spouse have a written signed settlement agreement resolving all issues in dispute between the 2 of you including the resolution of any alimony claim, child support, custody, parenting time, equitable distribution of all assets and liabilities of the marriage, and resolution... View More