Get free answers to your Family Law legal questions from lawyers in your area.
I am a retired teacher in New Jersey and have been married for 50 years. I earned my degree before the marriage, and the district paid for additional courses, which added to my pension. How is my pension divided during a divorce, considering these factors?
answered on Apr 19, 2025
Lets start with the fact that you were married for 50 year and presumably, 100% of your employment as a teacher occurred during your marriage. As to your education prior to your 50 years of marriage, its meaningless as to how a judge will divide up the pension benefits. As to your educational... View More 
I have had a Final Restraining Order (FRO) against me by my wife for 35 days during an ongoing 8-month divorce process. I am a law enforcement officer with 9 years of experience and the primary health insurance provider for my family. I received the FRO after a TRO hearing regarding turning off her... View More
answered on Apr 15, 2025
Anyone telling you that you are going to get a Carfagno hearing on dismissal of the FRO against you in the past year is pulling your leg or worse. What I dont understand is why are you telling me about the underlying reason for the issuance of the FRO (turning off her cell phone)?
You went... View More
I have a restraining order against my son's father since 2018. During recent parenting time, my mentally disabled 9-year-old son was strangled, punched, and beaten. His grandmother, who supervises visits, claimed she did this while trying to get him in the car. I called the police and have... View More
answered on Apr 3, 2025
You have the right to proceed with claims through DCPP, criminal prosecution through the local / county prosecutor's office, and through the court system using New Jersey's child abuse statutes - 9:6-1 - 9:6-3 & 2C:24-4.
Given what occurred, you "may" also be able... View More
I have a restraining order against my son's father since 2018. During recent parenting time, my mentally disabled 9-year-old son was strangled, punched, and beaten. His grandmother, who supervises visits, claimed she did this while trying to get him in the car. I called the police and have... View More
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answered on Apr 3, 2025
You can certainly press criminal charges against both parties. Whether or not you can obtain a restraining order against the grandmother requires more facts. You may be able to obtain a Temporary Restraining Order (TRO) on your own. Then if you get the TRO, you will need to retain an experienced... View More
I'm seeking guidance on the equitable distribution of marital property during a divorce. My spouse and I lived together for three years before purchasing a house using money from my bank account, with the title initially solely in my name. We got married two years later and, seven years... View More
answered on Mar 29, 2025
The easy answer is that you should meet with a divorce lawyer for a consultation to discuss all of the issues outstanding in your matter BUT, without knowing anything more, candidly, you will lose this argument before a judge and the proceeds will be divided equally.
Here are several... View More
I need to sell my house but my ex is giving me a hard time on this. We were instructed to put it in market in January on the divorce decree but it’s been months now and she won’t leave. She had an apartment but decided to move back into the house back in December with my daughter.
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answered on Mar 20, 2025
A motion to compel the sale of a house post-divorce, when ordered by the court, is typically filed when one party fails to comply with the terms of the divorce decree regarding the sale of jointly owned property. The court has the authority to enforce the sale through such a motion, ensuring that... View More
I need to sell my house but my ex is giving me a hard time on this. We were instructed to put it in market in January on the divorce decree but it’s been months now and she won’t leave. She had an apartment but decided to move back into the house back in December with my daughter.
answered on Mar 20, 2025
Hello, that is definitely frustrating but you do have options you can take legally. One option is to file a motion with the court for enforcement of your divorce agreement as it relates to the sale of the house. You can compel her to cooperate with the sale and even establish repercussions for... View More
I reported my son to Child Protection Services in Hackensack, New Jersey, on December 7th for suspicion of child abuse. They disclosed my identity to him and in court papers, despite being told that my report would be confidential. Since then, my son has not allowed me to see my grandson and has... View More
answered on Mar 4, 2025
As a general statement, when someone makes a claim of child abuse to DCPP, it is viewed as confidential. I'm not sure what occurred in your setting and whether the DCPP rep actually told your son that you had reported him, or if your son guessed the reporting came from you and you then... View More
can i sue to make him pay and get out?
answered on Feb 5, 2025
The short answer is yes. For the purposes of the answer I am assuming the person involved pays no rent and never has. You would need to file an action called and ejectment. And ejectment is used for trespassers, guests who have worn out their welcome, and similar people. If the person is pay the... View More
I'm in NJ and about to start a divorce action as my wife was having an affair with a married man and much of their communications was done using email according to her. She has given me some of those emails, but there are many more which are now deleted. I understand that I must prove that the... View More
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answered on Feb 14, 2025
You need to retain an experienced matrimonial attorney to represent you in this matter. In New Jersey the grounds for divorce have no effect at all on the economic issues or property issues. But if you can prove or provide your attorney with proof that your not yet ex-spouse is actually living with... View More
I am currently a full time student and am enrolled in university just married my gf of 3 years and want to file for her I have affidavit of support with a financial co sponsor and proof such as letters texts pictures videos marriage certificate pictures of ceremony opening a bank account soon is... View More
answered on Jan 29, 2025
Yes, even though you are not living together, you can still sponsor your girlfriend after marriage for a green card. You would need to explain in writing exactly what your circumstances are that precludes you from living together. It appears that based on your fact pattern that you have a... View More
I am currently a full time student and am enrolled in university just married my gf of 3 years and want to file for her I have affidavit of support with a financial co sponsor and proof such as letters texts pictures videos marriage certificate pictures of ceremony opening a bank account soon is... View More
answered on Jan 29, 2025
Yes, you are eligible to apply. Living together is not the only way to demonstrate a bona fide, good-faith marriage. I have successfully handled hundreds of cases where spouses live apart due to work, school, or other circumstances.
If you have been married for less than two years at the... View More
answered on Dec 18, 2024
There are settings where one parent is willing to release the other parent from financial responsibility for the support of their child in exchange for the other parent's termination of relationship with the child (generally, when the other parent has a longer-term relationship, and that... View More
get a T.R.O on you and have me the homeowner (Disabled on a fixed income) removed from my home and put to the streets with nowhere to go while escorting this stranger into your home, granting all access to all your family valuables and private documents, the entire contents of your home as well as... View More
answered on Dec 13, 2024
I have no idea what happened to you but to have you removed from your home under a domestic violence temporary restraining order, the person had to appear before a local municipal court judge or a superior court judge and certify as to as specific facts, starting with the representation that he /... View More
Property is in Nj and was inherited before meeting husband. Would be buying in either FL or PA in cash in just my name.
answered on Dec 11, 2024
To ensure the asset is separate and to protect it from any claims that could be made, consider entering into a Post-Nuptial Agreement. The Post-Nuptial Agreement can confirm that it is both of your intention to keep your inherited property as well as any subsequent asset you purchase or acquire... View More
Both girls were removed almost 2 years ago one of them is with the biological father the 2 year old is being bounced around and I her biological grandmother would like to have her here in Florida but my husband has these two thirty year old restraining orders . Can I still get her?
answered on Dec 11, 2024
It would be irresponsible for any family law attorney to give you a suggested answer to your question without a whole lot more information, especially since you said that you live in Florida and presumably the grandchildren live in New Jersey.
My suggestion is that you schedule a... View More
My sister recently died in a nursing care facility in NJ. Her husband deserted her two years previous and because of the uninhabitable state of the rented marital home that the landlord did not repair as well as her illnesses, she had to move to a facility. She could not drive or operate a... View More
answered on Dec 4, 2024
Depending on the status of the divorce matter, there may be a proper basis to undo his receipt of monies in her accounts but im not sure that the process and expense will be worth it, given the cost of retaining counsel, review of the status of the divorce matter, etc to justify the payment of a... View More
removed from NJ. On Nov 25 the adoption agency opposed decision as her guardian & ICPC and had her removed to live with adoptive parent in Georgia
How can they over rule judge's order?
answered on Dec 4, 2024
No competent lawyer worth his salt could answer your question without reviewing the underlying order and pleadings from the trial court and the submissions to the appellate court and its order and its statement of reasons. My suggestion is that you retain a family law attorney to review all of that... View More
Me and my coparent has joint custody and a custody agreement through a civil restraint. Not filed through family court. We have a 3-4 weekly schedule. My coparent just took our child on an out of state vacation that I did not agree to. The only guild lines that our agreement have are "As for... View More
answered on Dec 1, 2024
Probably the one thing that you and your ex need to do is print out the holiday schedule and identify the rotation between you and your ex. I presume that the holiday schedule includes Thanksgiving, which was on Thursday the 28th and probably, under the holiday schedule, it says that same starts on... View More
my spouse left me after 10 years, just walked out flew around the world in 30 day to someone else, they were talking before it ended. not sure if that matters, we aren't divorced yet.
we rent, I told her to take whatever she wante in apt, I gave her one of the cars, it was old, she... View More
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answered on Nov 21, 2024
Marital assets and debts are considered in the equitable division of a marital estate. In New Jersey, the statute governing the equitable division of marital property in divorce cases is found in N.J.S.A. 2A:34-23. This statute outlines the guidelines for the division of assets and liabilities in... View More
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