New Jersey Divorce Legal Questions

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  In New Jersey, equitable distribution of a defined BENEFIT pension is not handled at all like that of a 401K (which is a defined CONTRIBUTION retirement benefit).   You need to meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.     Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting.  Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a meeting, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the meeting.  ... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  Unfortunately, your situation is all too common.  If you have been a homemaker for 28 years during the marriage and you have no money of your own, your husband may think that he can scare you into doing whatever he wants.  That is absolutely not true.  I would need a lot more facts to even begin giving you guidance as to what you are entitled to.  However, I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. I can tell you that the New Jersey Court Rules provide a mechanism for someone whose spouse is the only one who has the money to retain a lawyer, to get an Order forcing his/her spouse to provide a monetary advance so that he/she can retain an experienced divorce lawyer and get on an "even playing field" with the spouse in the case.   Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.  ... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is: If you reached an agreement two years ago about the distribution of real estate, 401k, pension, stock and cash, there is no reason why that distribution should not have already been done.     I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.    ... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is: To the extent that your pension was earned during the marriage, your husband can ask for "equitable distribution" of that pension.  That does not necessarily mean that he is entitled to half of it.   I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.    ... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is: If your husband has a pension, you may be entitled to a share of that, in addition to child support. If by "pension" you actually mean "alimony," you may be entitled to that as well.    I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.    ... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is: If your wife has agreed to mediation, you should ask her for an extension of time to respond to the legal papers, and use that time to try to resolve everything.  You say that you can't afford a lawyer.  Although I do mediation, I can tell you that using a lawyer does not have to cost more than using a mediator.   I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.    ... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is:  If your spouse filed for divorce in Connecticut, you MAY have to respond to the Complaint in that State.  Whether or not that is true depends on some additional facts, which I would be happy to discuss with you in a brief telephone call if you live in a county where we handle divorce cases.     My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.  ... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  In your question, you say that your wife requested "a legal separation."  In New Jersey, people can't file in court for a "legal separation."  The likelihood is that, if she has anything filed in court, it will be a Complaint for Divorce.  You say that you are trying to save the marriage.  Hopefully, you will be successful, because divorce should be the last option.  I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.  ... Read Answer

I would say that it is seldom or never to late to talk with an attorney and hire one if you need assistance. That is what we are for, and what we do. Oftentimes it is better to hire an attorney sooner instead of later, but even if things have become "messed up" an attorney can usually make the situation better. One of the definitions of insanity is repeating the same thing and expecting a different result so if things are messed up when you started going pro se then it would seem that you should proceed in a different manner. This would be especially well-advised if your spouse has an attorney and is taking advantage of a pro se layman.... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is: Under certain circumstances, lifetime alimony can be terminated.  However, each situation is different and a good lawyer will need to know a lot more information in order to give you the proper guidance in your situation.   I would be happy to meet with you and do what we call an Assessment.  IN that Assessment, I will take the time to go over all of the facts with you, look at your court documents, and provide you with that guidance.  The cost is $425.  Given not only the alimony issue but also the other issues which you raise, I believe that it is likely to be a good investment.   Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule the Assessment, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the Assessment.    ... Read Answer

I have seen your questions. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your questions are: In order to get a divorce, a Complaint for Divorce has to be prepared, filed with the Court and served on the other party.  If there is not disagreement about anything and everything is done right, you can probably get divorced in as little as 90 days.    You are not legally required to have a lawyer, but I would strongly recommend that you have one, because it will make the process easier for you and probably would take less time, because a good divorce lawyer will know exactly what needs to be done.  If there are no complications, the cost from start to finish would probably be less than $3,000.   If you are willing to consider doing that, I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.  ... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is: Normally under NJ law, the "cutoff" date for one party's entitlement to share in the other party's pension IS the filing date of the Divorce Complaint.  However, that does not necessarily mean that you were "beat me out of almost 2 years of collecting the pension." Hopefully, you were represented in the divorce by a good lawyer, because the language of the QDRO is very important.  Too many people are "penny wise and pound foolish" by deciding not to retain a good lawyer.  I would be happy to have a very brief telephone call with you, to get a few more facts. There is no charge for the call. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.  ... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is: As soon as possible, a Motion must be properly prepared, filed with the Court and served on your ex-wife.  That Motion, which must be accompanied by all required papers, should seek a Court Order compelling your ex-wife to comply with the divorce settlement.   I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.  ... Read Answer

This is a very unique question.  I think your second marriage would not technically be valid because at the time that marriage was conducted, you were already married.  Therefore, I do not believe that going back and correcting the issue by later becoming divorced will work, but the real issue is whether or not you recognize thatsecond marriage.  ... Read Answer

My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The issues you raise in your question are important ones, and the resolution of those issues may have substantial ramifications, both now and in the future. Many lawyers offer short in-person “Free Consultations” as a means of attracting potential clients. I believe that a “Free Consultation” is not sufficient for the potential client to obtain the information and guidance that he/she needs, and that it also ignores the value of the lawyer’s advice. Therefore, I offer what is called an Assessment, in which I will go over your situation in detail, answer your questions, and give you guidance as to the best course of action. Typically, the Assessment lasts about an hour.  The cost is $425. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you wish to schedule an Assessment, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof, who can arrange a mutually convenient date and time. ... Read Answer

I'm not sure why filing under fraud would save money.  There is a no fault divorce in New Jersey.  Neither party has to plead anything to be able to get divorced.  I would think that she could plead "no fault" you could not contest the divorce, and it would be the same time/cost as pleading fraud. ... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is: It depends what (if anything) was agreed upon or ordered at the time of your divorce.  If nothing was agreed upon or ordered, that does not necessarily mean that you are entitled to nothing.    I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.    ... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is: The "marital" portion of your pension is an asset which is subject to equitable distribution.  For example, if someone began accruing pension benefits in 2000, he was married in 2004 and a Divorce Complaint was filed in 2012, the portion of the pension benefits that accrued between 2004 and 2012 would be subject to equitable distribution.   The percentage which the other spouse gets is NOT automatically 50% of the marital share.  However, more often than not, that is the case.  Every matter is judged on its own individual facts.  Equitable distribution of retirement assets can be complicated.  I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.  ... Read Answer

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is: No--nothing is "automatic" in New Jersey divorce cases.  A New Jersey Family Court Judge's ultimate decision would be based on the facts of each case, as are presented to the Judge on behalf of each party. That is why it is so important that you retain a very experienced lawyer who devotes his/her entire practice to New Jersey divorce and family law matters.   I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.  ... Read Answer