New Jersey Divorce Legal Questions

Based on the limited information that you are provided, your ex husband's answer makes no sense.  I am not sure what you mean when you say that you cannot get "any correct answer."  If you have not already done so, I think that you need to meet with a very experienced New Jersey divorce lawyer as soon as possible.   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 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.  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.  No good lawyer can give you a legal opinion on which you could rely, based solely on the limited facts that you have given.  However, based on those limited facts, it is likely that in a New Jersey divorce case, the "non-deeded spouse" could assert an equitable distribution claim for 50% of the increase in the market value of the marital residence (if any) from the date of the marriage, plus 50% of the decrease in the principal balance of the mortgage loan from the date of the marriage.  As you can see, the resolution of those claims (if made) may have substantial ramifications, both now and in the future. I presume that you are either the "deeded" spouse or the "non deeded" spouse.  Many lawyers offer short in-person “Free Consultations” as a means of attracting potential clients. I believe that a short “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. The fixed fee for the Assessment 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 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.  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 at least an hour, although there is no strict time limit. 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 have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Unfortunately, it is extremely unlikely that your husband's ex-wife has lost her rights. In order to provide your husband with the proper advice, we would need to meet with him and review the relevant facts, as well as the judgment of divorce, the settlement agreement (if there was one), and the terms of his pension. The issues you raise in your question are important ones which may have substantial financial ramifications.  Therefore, in my view, getting a proper advice will be well worth the cost of the meeting ($350.00). 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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information.     ... Read Answer

It is possible, however, it more depends on the election your father made when he died.  He might have chosen to receive more benefits because there was not a survivors benefit.  There may also be benefits for surviving children if not the spouse.  You should call the federal retirement employee retirement office.  Check here: http://www.opm.gov/retirement-services/fers-information/  ... Read Answer

http://www.judiciary.state.nj.us/prose/index.htm  you can look here for pro se packets to help with your motion to enforce your judgment.  You shold also find out the name of the attorney representing your husband in the personal injury suit and send the attorney a letter indicating that the judgement has to be satisfied out of the settlement proceeds.  You can find the case status on line, and will probably be able to find out the name of the attorney... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. The question you asked cannot be properly answered without a lot more information.   To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. 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 at least an hour, although there is no strict time limit. The cost is $425. In order to make sure that the Assessment is as useful as possible for you, we will provide you with a detailed Questionnaire for you to complete and bring to the Assessment. 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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information.... Read Answer

If you disagree with the child support and alimony that has to be paid, you can make application to the court indicating that your circumstances have changed, and seek to get it reduced.  the child support is going ot be based on the number nights the child stays with you versus your ex and how much each of you makes. ... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Under normal circumstances, your wife's remarriage would not affect her right a portion of your pension. Of course, without reviewing the court documents and Settlement Agreement, I cannot tell you whether there are any special circumstances relating to your situation. 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 at least an hour, although there is no strict time limit. The cost is $425. In order to make sure that the Assessment is as useful as possible for you, we will provide you with a detailed Questionnaire for you to complete and bring to the Assessment. 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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information.... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. The general answer to your question is that, if there already is a written Settlement Agreement in which the parties have resolved a specific issue, the new NJ Alimony law will not mandate a different resolution.   However, every situation is different and the answer really depends on the specif facts and specific wording of any documents. To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. 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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information.       ... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. The answer to your question is: No, it is not abandoment.  However, if this parenting time arrangement lasts for a long period of time, it may be difficult to convince a court to change it as part of your divorce.  Therefore, you should be sure that you are OK with it, and that you know the financial implications of keeping it this way.         To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. 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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information. ... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. A good Family lawyer will need more information, before being able to try to help you.   To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. 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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information. ... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. A good Family lawyer will need more information, before being able to try to help you.   To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. 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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information. ... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Family Law matters, including alimony.  It's all we do. Unfortunately, a good Family lawyer will need more information, before being able to try to answer your question. To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours.  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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information. ... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. If your husband's last known address was in New Jersey, you may be able to get a divorce here.  However, based on the facts that you have given, it will not be as simple as in some cases and therefore will cost more than the easiest cases. A good New Jersey divorce lawyer will need more information, before being able to try to help you.  To obtain further guidance, I recommend that you schedule a telephone call with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Divorce matters such as yours.  In that phone call, 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 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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information. ... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Unfortunately, a good Family lawyer will need more information, before being able to try to help you.   To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours.  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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information. ... Read Answer

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. It seems as though you already have a Matrimonioal Settlement Agreement.  The answer to your question will depend on what the Agreement says, as well as some other facts.  A good Family lawyer will need more information, before being able to try to answer your question.  If you have a lawyer, he or she should be able to answer your question. If not, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours.  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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information. ... Read Answer

It sounds like your relationship will not enable you to settle your matter in an amicable fashion. As such, you will likely have to hire the services of an attorney that can gather all the facts and financial documents in order to initiate the divorce process. In the course of the divorce process, the custody and parenting time issues regarding your child will also be worked out or ultimately tried before a Judge.... Read Answer

you can apply to the court for payment of attorneys fees but you will most likely need to pay the retainer to the lawyer that represents you.  the most difficult part of a divorce is getting the parties to agree on division of assets and visitation with children.  If there are no children, your divorce can be simplified if you and your spouse can agree on how your assets will be divided. ... Read Answer

You can absolutely still file for divorce, even if you live together. Separation is only required if you are filing under the "separation" grounds. If instead, you file for divorce alleging "irreconcilable differences" grounds, then it doesn't matter if you live together or not. Hope that helps. Good luck.... Read Answer