QUESTION

can i file a police report and how will i get my car back?

Asked on Apr 30th, 2020 on Divorce - New Jersey
More details to this question:
So i bought a car on my credit in November 2019 and my wife been driving that car and now I'm getting divorce and want that car because the car still have 5 years payment left other than that its on my credit, my insurance ( her name not in insurance because she don't even have a license) and my registration. Can I file a police report because if she do any traffic violation, it's gona come in my name and I will be responsible for it to pay. Please tell me a way to get out of it. There's only 3 or 4 payment made on that car. Can I get the car before divorce? If any way.
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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Proceeding down the path you are pursuing will be the quickest way to get your wife to file a domestic violence complaint against you and having your world turned further upset down. You are married and you and your wife have a car with payments on it. As part of a divorce, one of you will end up with that vehicle and presumably the payment obligations associated with it as well. So, instead of stressing out and looking to create unnecessary issues for yourself, go meet with a family law specialist and get educated on your rights and your responsibilities as part of the divorce process as opposed to threatening your wife about her driving the car. Let me give you an insight – you acknowledged that you and your wife purchased a vehicle in 2019 and after its purchase, your wife has been driving it and now that you have decided to divorce her, you feel she should no longer be permitted to drive it and you are trying to figure out how to take it away from her and you are trying to rationalize your view. After being a family law specialist for the past 34 years, I can promise you that if you try and take that car away from your wife, you will be looking at a domestic violence setting, where your wife will state that you are engaging in harassment type behavior and took her car away from her to punish her and I can promise you that 96.275% of the family law judges in the state will view your actions as harassment and if so, impose permanent restrictions on you and more likely than not, require you to immediately return the car to your wife as well. So, meet with a family law attorney, get educated and do things more constructively in your divorce, so that there are fewer consequences to your actions. 
Answered on May 01st, 2020 at 8:50 AM

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