Lawyers, Answer Questions  & Get Points Log In
New Jersey Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I need to get an uncontested divorce. How do I go about that ?
Richard Diamond
Richard Diamond
answered on Feb 4, 2023

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

View More Answers

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My spouse was awarded the home and responsible for the mortgage until refinance. The

mortgage was in my name alone.

Is my equity determined by full payoff balance or the principal owed?

Bari Weinberger
Bari Weinberger
answered on Feb 8, 2023

Thank you for your question. The net equity of a home is generally calculated by taking market value (appraised and/or agreed upon value) minus the entire mortgage that is owed (full payoff). There are circumstances in which a party paying the principle may get a credit for such payments but... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: My spouse was awarded the home and responsible for the mortgage until refinance. The

mortgage was in my name alone.

Is my equity determined by full payoff balance or the principal owed?

Richard Diamond
Richard Diamond
answered on Feb 1, 2023

Unless you sit down with a family law attorney to review the terms of the court's order or your settlement agreement, it is impossible to determine your equity interest, what responsibilities your ex has for payment purposes for the mortgage balance and whether your equity interest is valued... View More

View More Answers

1 Answer | Asked in Divorce for New Jersey on
Q: A man married in Florida a resident of Florida his estranged wife of 10 years lives in NJ can he file for divorse in Fla

The man ownes a home in Fla individually. Is the any benifit for doing so? There are no children envolved.

Richard Diamond
Richard Diamond
answered on Jan 19, 2023

You need to sit down with a divorce lawyer to discuss whether both states have jurisdiction and presuming so, which state is a better state for you to proceed with the divorce matter. Based on the extremely limited information provided, it sounds like both states have jurisdiction to proceed with a... View More

1 Answer | Asked in Divorce for New Jersey on
Q: I have a question about settling finances before a divorce

Basically just want a legal person to review this statement and make sure it doesnt sound sketchy.

Hey just finished meeting with the lawyer.

First I’ll file a complaint for divorce that just starts our actual separation. As of right now property we’ve separately acrewed is... View More

Richard Diamond
Richard Diamond
answered on Nov 21, 2022

My advice (which should not come as a surprise) is that it's worth your while to schedule a consultation with a lawyer who specializes in divorce law (not a general practitioner who also handles divorce matters) to review your asset setting, respective employment settings, etc to give you... View More

2 Answers | Asked in Divorce for New Jersey on
Q: my husband filed a complaint for divorce, now he wants to change his power of attorney Can he do this?
Bari Weinberger
Bari Weinberger
answered on Nov 15, 2022

Thank you for your question. I am sorry to hear that you are going through this stressful time. Although your husband is seeking to change his Power of Attorney after filing for divorce, it is common to review one's Power of Attorney designation prior to filing a divorce complaint. Also, there... View More

View More Answers

2 Answers | Asked in Divorce for New Jersey on
Q: my husband filed a complaint for divorce, now he wants to change his power of attorney Can he do this?
Richard Diamond
Richard Diamond
answered on Nov 11, 2022

I presume that for estate planning purposes, you were listed as his power of attorney but because of the divorce filing, he no longer wants you in charge of his financial affairs moving forward. If my understanding is correct, that is very common, and I would simply suggest that you and he agree as... View More

View More Answers

2 Answers | Asked in Divorce for New Jersey on
Q: I need help, but I have no money or food. My husband has been the sole provider for 19 years and now I have been cut of

He had cut me off since separating, even though we live in the same house(different rooms). We are going for divorce of bed and board and he is holding off. I need to file, because I need money to eat and do normal daily things. I’m now suffering from depression and have no energy from that... View More

Richard Diamond
Richard Diamond
answered on Nov 11, 2022

Im sorry that your current setting is dire and suggest that you meet with a family law specialist as quickly as possible to get better educated on your rights in a divorce matter. While I know that it will be difficult, this is where you want to hire the best lawyer you can afford - this is not a... View More

View More Answers

2 Answers | Asked in Divorce for New Jersey on
Q: I need help, but I have no money or food. My husband has been the sole provider for 19 years and now I have been cut of

He had cut me off since separating, even though we live in the same house(different rooms). We are going for divorce of bed and board and he is holding off. I need to file, because I need money to eat and do normal daily things. I’m now suffering from depression and have no energy from that... View More

Bari Weinberger
Bari Weinberger
answered on Nov 15, 2022

Thanks for your question. I am sorry your husband is treating you so horribly. You are entitled to support both pending the divorce and subsequent to the divorce due to the fact that your husband's income is so much higher than your own. Of course, if he does not do so voluntarily, you will... View More

View More Answers

2 Answers | Asked in Child Support and Divorce for New Jersey on
Q: It states that the age of a child when the initial child support order is entered, is she used to calc CS. When is that?

Let me be more specific. My daughter was 11 when my husband filed divorce papers, but 12 when we negotiated and then were granted our divorce in court. Is that when one parent first files for divorce? Or when it is granted?

Richard Diamond
Richard Diamond
answered on Oct 29, 2022

I think you may be mixing apples with oranges with your question. Under NJ’s child support guidelines, there is a presumption that teenagers are more expensive than younger children - so if the guidelines are first calculated when a child is 13 years old or older, the court has the right to add... View More

View More Answers

1 Answer | Asked in Divorce, Family Law, Business Law and Civil Litigation for New Jersey on
Q: Can I reopen a post judgment divorce and represent myself? I believe that I can but, what if any are the consequence's?

A few weeks ago I posted here regarding reopening my divorce post judgement due to fraud. I indicated that I do not have the funds to hire an attorney and was seeking help pro bono. I realize the cost associated with the complexity of this case, and I am willing to help in any way that I can to... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2022

Trying to represent yourself in a divorce or post-divorce matter is unwise since you are emotionally involved and not a trained attorney. There has to be a valid reason for reopening a divorce. This is going to be an expensive case and a hard burden to meet. People want to litigate very often,... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New Jersey on
Q: Hiding assets overseas in divorce matter.

My spouse closed his bank accounts overseas and failing to disclose all of his assets and personal businesses. We’ve subpoenaed the bank but no response. Thus his discovery was very vague and empty. Is there a way to force this information to come to light? I will add that my judge is not helpful... View More

Richard Diamond
Richard Diamond
answered on Apr 29, 2024

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

View More Answers

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: IF I HAVE COURT ORDER FROM 2007 AND THE WIFE DID NOT SEND ANY LETTER OR DEMAND THE ALMONY 14 YAERS WAT HAPPAND ??
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

There really is no way to know without more facts. There is a possibility your ex-wife is remarried. As the old saying goes, "...it may be best to leave sleeping dogs lie". There are no collection efforts or anything from what you are indicating. Good luck.

1 Answer | Asked in Divorce for New Jersey on
Q: i need help with legal malpractice case in NJ

I had a "harrington" hearing related to my divorce settlement as the plaintiff and my attorney testified against me under oath that I settled my case without my consent, either orally or in writing.

Richard Diamond
Richard Diamond
answered on Feb 22, 2024

If you have a legal malpractice matter, you need to meet with a malpractice lawyer and provide him with the details. Meeting with a divorce lawyer at this point does not help you.

2 Answers | Asked in Divorce for New Jersey on
Q: I received a final judgement of divorce in NJ, do I have to wait to remarry?

Uncontested divorce

Richard Diamond
Richard Diamond
answered on Sep 26, 2023

Legally no, but a word of "fatherly advice" - before getting married again. Ask family and friends to be honest with you, as to whether they think that this new person is really a good fit for you.

You may not like what you hear and may want to jump to tell them that they are...
View More

View More Answers

1 Answer | Asked in Divorce for New Jersey on
Q: If I got married in NY 2008 and broke up in 2018 and I have been living in NJ where do I file for divorce ny or nj
Richard Diamond
Richard Diamond
answered on Jun 12, 2023

If you have been a resident of New Jersey for 1 year or longer, you can file in NJ.

1 Answer | Asked in Divorce and Real Estate Law for New Jersey on
Q: Can my spouse change the structure of the deed to our co-owned home before or after we get divorced?

My spouse and I are co-owners on our house deed and we are in the process of getting a divorce. Can my spouse change the structure of our deed before or after we get a divorce from ‘Joint Tenants Rights of Survivorship’ to ‘Tenants in Common’ without my permission so that if he passed away... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 1, 2023

No

1 Answer | Asked in Divorce and Real Estate Law for New Jersey on
Q: How do I remove my name from a mortgage if my spouse can’t or refuses to refinance and only he is on our house deed?

My yet-to-be-divorced spouse wants us to sign an agreement whereas he will pay me a sum of money to remove myself from our house deed. We would both remain on the mortgage but he would assume full payments for a year at which time he agreed to refinance to remove me from mortgage. What if after a... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2023

This is a very complex situation that would exceed what most attorneys will include in a free consultation. You really need to retain an attorney who is experienced in both matrimonial law and civil litigation, as well as mortgage foreclosure defense. There are too many moving parts to provide a... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My bf was gifted a home from his parents if I put money into the home and we break up will I lose the money I invested?

I plan to marry my bf but the home is only in his name. If I put money towards improvements(new carpet, paint, new bathroom) and we breakup will I lose all the money I put in? What would be the best way to protect myself ?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2023

The best way to protect yourself is with a prenuptial custom drafted by an experienced matrimonial attorney. You ideally want to retain an attorney's whose prenuptial agreements have never been broken. With modern technology, you can be represented by any high-quality attorney in New Jersey... View More

2 Answers | Asked in Divorce for New Jersey on
Q: Hi ! My name is Berkay from New Jersey. I am going to contested divorce and want to request spouse support & Alimony.

Hi ! My name is Berkay from New Jersey. I am going to contested divorce and want to request spouse support & Alimony. She is making $170K a year and i have no income & job. What can we do in this situation ?

Richard Diamond
Richard Diamond
answered on May 5, 2023

Presuming the divorce matter is in New Jersey, you need to schedule a consultation with a divorce law specialist to discuss your rights to support, distribution of assets, and if you have children, an understanding of the custody/parenting time claims. This is not something that you should handle... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.