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New Jersey Divorce Questions & Answers
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

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1 Answer | Asked in Divorce for New Jersey on
Q: My ex molested our daughter. Should his new wife know.
Richard Diamond
Richard Diamond
answered on Apr 25, 2023

Presuming DCPP was involved, and your ex was investigated and/or criminal charges brought against him as a result of the molestation, I don't think your ex will be shocked by your disclosure.

3 Answers | Asked in Divorce and Real Estate Law for New Jersey on
Q: Is a notarized document signed by both parties legally binding in court?

Selling a home. Both parties signed a document agreeing to sell and it was then notarized. Parties are divorced. Home is under wife’s name and mortgage as well for over 20+ years. House is pending sale and under contract. Now the ex-husband is saying he won’t sign for the sale of the home. Can... View More

Richard Diamond
Richard Diamond
answered on Mar 29, 2023

You need to speak with an experienced divorce lawyer as to the document signed and whether it can be enforced by an application to the court. You also need to discuss with the lawyer, the reason why your ex refuses to cooperate with the homes sale.

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3 Answers | Asked in Divorce for New Jersey on
Q: Hello, my name is Stacy and I need some questions answered about getting a divorce after 30 years of marriage.

I’m disabled permanently

Teresa L. Reichek
Teresa L. Reichek
answered on Feb 22, 2023

Thank you for your question. As you did not specify what your questions are, my best advice is to schedule a consult with an experienced family law attorney to determine your rights and options as far as divorce is concerned. There are many factors that go into potential outcomes, such as length of... View More

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1 Answer | Asked in Divorce, Child Support and Family Law for New Jersey on
Q: If my fiance signs a prenup, can his exwife be entitled to more child support or more money after we marry ?
Richard Diamond
Richard Diamond
answered on Jan 3, 2023

I am not sure how the terms of your prenuptial agreement with your fiancé connect at this moment to your fiancé's child support obligation for children from his prior marriage.

Your fiancé has a child support obligation based on his current income setting from employment and...
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1 Answer | Asked in Divorce, Real Estate Law, Domestic Violence and Libel & Slander for New Jersey on
Q: In New Jersey, if a two people buy a house together, how is the ownership divided if contributions were not equal?

In this scenario, the people in question got divorced before the house was purchased, however they lied on their bank application when getting the loan, and said they were still married.

Now the ex wife who has contributed only a portion of the initial downpayment and no mortgage payments... View More

Morris Leo Greb
Morris Leo Greb
answered on Oct 19, 2022

Since you were not married when you purchased the property, you are tenants in common. If the deed does not mention the specific ownership interest of each party, you each have a 50% interest in the property.

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: How can I get divorce?

I separated (not legal separation) and me and him living in 2 different states for 2 years now. I have 1 child that lives with me after custody case in court.

My ex doesn't accept uncontested divorce and he told me to go and file for divorce. and said after 2 years of separation that... View More

Richard Diamond
Richard Diamond
answered on Oct 17, 2022

Im sorry to say it to you but you need to have a consultation with an experienced divorce lawyer. Anyone giving you advice as to whether you will or will not have an obligation to contribute to his expenses is doing you a disservice unless he sits down with you to get a clearer handle on what those... View More

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2 Answers | Asked in Divorce for New Jersey on
Q: Am going through a divorce and my wife took out a card which I was just a user and didnt sign anything. Am i responisbl

She is trying to make me pay for 1/2 of it when the charges arent mine but she says she used the card for the house. As a user I can not get the transactions through Chase as she will need to approve it.

Richard Diamond
Richard Diamond
answered on Sep 28, 2022

Its impossible for a lawyer to simply tell you that you are or are not liable for any or all of the charges on that card since there are multiple scenarios where a court can impose liability. As a simple example, if the charges were incurred for payment of "family expenses", they can be... View More

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Hello can anyone provide case law that helps a parent with full custody of a 19 yr old child going to FL university

Campus but frequently comes back home 1 hr away for medical, dental etc.

Opposition wants to emancipate the child and reduce child support.

Any NJ case law on that since that’s where its being heard that can help me support my child and my case or does case law not matter on the... View More

Richard Diamond
Richard Diamond
answered on Sep 6, 2022

You need to schedule a post-divorce consultation with a New Jersey family law certified trial lawyer to discuss the standard applicable to emancipation and as to a parent's support obligation while in college. Presumably, you and your former spouse lived in NJ at the time of the divorce, which... View More

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1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My parents purchased a house while married, when they divorced my father remarried and had 2 children with my stepmother

My mother has a son,My dad still has the house, never bought my mom out, apparently there’s a will they did together dividing the house between 4 siblings (same parents) according to my dad his children from the other marriage have rights to the house but not my mothers son. He also claims she... View More

Richard Diamond
Richard Diamond
answered on Aug 29, 2022

Its impossible for any lawyer to attempt to give you legal advice based on the information supplied. You need to schedule a consultation with a family law attorney to review your parent's divorce agreement to understand the agreement reached between your mother and your father over the... View More

1 Answer | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for New Jersey on
Q: I was awarded my home in the divorce. I had 60 days to refinance the balance on the mortgage. My ex was to facilitate

That 60 was extended indefinitely until I could close. He signed that agreement. He now sold home to an investor who has been harassing me to get out. Ex got a Judge to agree to throw me out a 66 year old severely disabled person. no eviction/ejection or any requests to vacate have been properly... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2022

Due to your financial problems, contact New Jersey Legal Services for an attorney.

2 Answers | Asked in Divorce for New Jersey on
Q: Ex husband moved to Phillipines to avoid paying alimony

He was facing jail time for a dui charge as well so he ran. He and his boss have ignored NEW Jersey Probation for a year now as well to avoid paying his alimony. Can his boss be held accountable for willfully ignoring the order for wage garnishment?

Richard Diamond
Richard Diamond
answered on Aug 1, 2022

I presume that your former spouse's employment was / is in New Jersey and that your former husband still works for the company remotely. Presuming I am correct, then an order served upon the employer in New Jersey for garnishment is valid and must be honored. If the employer refuses to honor... View More

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4 Answers | Asked in Divorce and Domestic Violence for New Jersey on
Q: What are my options if part of a Final Judgement of Divorce is dropping an FRO and it has not been done yet?

Part of our Term Sheet we both legally signed states she is not longer fearful and would volunatarily drop the FRO. Per the Final Judgement of Divorce, it states "This matter will be dismissed after this judgement is entered." However, during the final hearing the Judge stated that she... View More

William N. Sosis
William N. Sosis
answered on Jul 12, 2022

Not sure if you're suggesting that she changed her mind or simply forgot to drop the FRO. If it's the latter, try asking her (very, very nicely) if she could bring a copy of the Order to the DV unit, explain the situation, and request that the FRO be dismissed. She may still need to go... View More

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1 Answer | Asked in Divorce for New Jersey on
Q: I have split cost with my ex on college cost for my child. Would transportation cost include car for my teen? Thx

College costs- transportation

Richard Diamond
Richard Diamond
answered on Jun 2, 2022

In most divorce agreements, transportation costs are addressed in the agreement as an included item or an excluded item. My suggestion is to review your settlement agreement to see what the language says about an automobile for your child and/or the payment of transportation costs for your child to... View More

2 Answers | Asked in Divorce for New Jersey on
Q: Married March of 2021 separate a year later Division of crypto assets

I am currently residing in New Jersey. We were married in South Carolina. My spouse still resides in South Carolina. He was my financial support as I am disabled. He used my health against me. I am not able to work. He has crypto that was gained during our marriage. My question is when can I file... View More

Richard Diamond
Richard Diamond
answered on May 31, 2022

Based on the limited information provided, it would be unwise if not irresponsible to give you black and white legal advice. You need a consultation with a family law attorney. Lets start off with whether NJ has jurisdiction over your matter yet. To have jurisdiction to file a complaint for divorce... View More

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3 Answers | Asked in Divorce for New Jersey on
Q: We have been married 20+ years. Wife wants divorce. I don't. She wants me out of home I paid the most on down payment. W

What can I do. I don't want to get divorced but if I do can I recoup anything.

Richard Diamond
Richard Diamond
answered on May 31, 2022

The best advice I can give you is to meet with a divorce law specialist to discuss marital vs non-marital assets and your rights and obligations in a divorce. As to who paid for expenses during the marriage, if the payments were made from employment income, then start with the view that the... View More

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4 Answers | Asked in Divorce, Family Law and Domestic Violence for New Jersey on
Q: NJ Rev. Stat. $ 9:2-4. Please, can you help me find the nj laws against parental alienation?

My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... View More

Richard Diamond
Richard Diamond
answered on May 31, 2022

Your friend needs to meet with a family law attorney immediately to discuss his claim of alienation and potentially, the lawyer will then schedule a meeting for him with a competent mental health expert to discuss her actions and determine what if anything can be done through the court system... View More

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5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2022

New Jersey is an equitable distribution state. You can seek to obtain an experienced matrimonial attorney to prepare a post nuptial agreement that embodies the terms you mentioned. You should also consider the alternatives, which include taking a mortgage and putting down an equal amount or do not... View More

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1 Answer | Asked in Divorce for New Jersey on
Q: in my divorce, my husband had a side business he never paid taxes on but made $80,000 yr. Do I include this as income

My husband is a carpenter in union out of Philadelphia - he also owned a side business that makes $80,000 yr - total $180,000

Do I agree with my lawyer and say he only makes $90,000 per year - and not include the landscaping money - because I will get in trouble for tax evasion- even though... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2022

Since you are represented by counsel, that is the only person who you should direct your questions to. But if you do not believe that the attorney is acting in your best interests, then you should seek a second opinion.

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