QUESTION

As a senior citizen on limited income, how can I afford a quality NJ lawyer for separation/divorce?

Asked on Aug 11th, 2021 on Divorce - New Jersey
More details to this question:
I am a senior citizen on fixed income. After 27 years of marriage, my wife is pressuring me to leave the home for a "trial separation", or she is threatening me with divorce. While I have limited income, we have substantial equity in our marital home in Gloucester County. I also have severe medical issues which limits my mobility, and would suffer extreme physical and emotional hardship to be expelled from my current home of almost 15 years. What rights do I have to remain in my home?
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2 ANSWERS

Family and Matrimonial Law Attorney serving Parsippany, NJ
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Thank you for your question.  Available resources are a concern for most when commencing divorce litigation.  In the event you are to retain counsel, you are free to utilize any savings and retirement assets available to you.  Additionally, if that is not an option, you can explore the possibly of utilizing the assistance of Legal Services in Gloucester County.  In the meantime, please remember you do not have to vacate your home on your spouse’s request.   You have the same right to the home as your spouse does.  I would recommend contacting an experienced family law attorney as soon as possible. 
Answered on Aug 12th, 2021 at 7:57 AM

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Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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The fact that your wife has decided she wants a divorce, does not mean that she has the right to tell you / require you to move out of the marital home. It is your home as much as it is her home and most people going through a divorce share their home during the divorce process because they simply cannot afford to maintain 2 homes. My suggestion is to politely talk with your wife and tell her that if she wishes to proceed with a divorce, it is her choice but that she has no right to require you to move out. BUT, you need to make sure that you are not engaging in behavior to give her the right to obtain a domestic violence restraining order against you..... and before you tell me that you have not nor would not physically strike your wife, 92.5% of all domestic violence complaints are based on harassment claims and not physical violence, meanign yelling at her, cursing at her, or berating her. If you engage in any of that type of behavior ( regardless of how you may have spoken with your wife in the past), she will have the right to call the police and ask them to remove you based on the domestic violence laws and then your life will become unnecessarily more complicated and you will be out of the house and during the divorce, you will be forced to live elsewhere. 
Answered on Aug 12th, 2021 at 7:13 AM

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