New Jersey Divorce Legal Questions

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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  Based on the information you have given, you are most certainly entitled to something from your husband.  The first question will be: What is the monthly amount of each of your SSD checks?  If his is more than yours, you should be entitled to a portion of his check in order to "equalize" the payments.  The second question is: How much is the monthly payment that he receives from his Union pension? If you have no other source of income, you should be entitled to a portion of his pension as well.  I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her 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).  If your location is such that you would consider having our firm represent you, I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. You can get divorced, even if you can't find your husband.  You just have to satisfy the Court that you have done everything reasonably possible to try to find him.  If you can do that, the Court will permit you to "serve" your husband with the Complaint for Divorce by something less than personal service--such as sending the Complaint to his last known address or possibly by publishing a Notice in a newspaper of general circulation in the geographic area of his last known address.   As for the car--you say that it was financed in both names and that he won't make the payments.  You must know that he won't make the payments because you have heard from the lender.  I recommend that you write to the lender, explain the situation, and ask that the lender provide you with his address (where presumably the car is located).  The lender will want to repossess the car, so hopefully the lender will have also some "impetus" to find your husband.   Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If your location is such that you would consider having our firm represent you, I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  Your husband will not necessarily get the money in the event that you file for divorce.  You say that you are now "looking at divorce."  You should decide what you are going to do as soon as possible. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  I believe that you should meet as soon as possible with me or another very experienced lawyer who devotes his/her 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.... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. A court is not going to force you to leave the house during the divorce process unless you commit an act of domestic violence.   Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If your location is such that you would consider having our firm represent you, I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.  ... Read Answer

I presume that you are the person who posted the previous Question.   If you are, the additional facts that you have given further highlight why you need a lawyer. If you are not that person--Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If your location is such that you would consider having our firm represent you, I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.     ... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  Your husband needs to first divorce his first wife. If he does that, and you both want to be married, you should just get married again to each other. I am willing to have a brief personal phone call with me (at no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  The situation you describe in your question is a difficult one.  I would be willing to have a brief personal phone call with you (at no charge), to get more facts and tell you what I think.  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  A good lawyer will need more details, in order to help you.  If you would like to schedule a brief personal phone call with me (at no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  You are in a difficult situation.  Clearly, it would be better if you hire an attorney, particularly one who has a lot of experience and does exclusively New Jersey family law cases.  If you did that, the motion papers would be done properly and could be filed more quickly-- which means that the court would rule on the motion more quickly.   In many cases, a court will order the other party (in this case, your ex-husband who has breached his agreement to pay you alimony) to reimburse the moving party for the legal fees and costs that the moving party has incurred in filing the motion. However, you would have to borrow the money that would be required for your lawyer to prepare, file and serve the motion, as well as to appear in court when the motion is heard. If you or someone you know has access to a credit card, that could be used to pay your lawyer the necessary amount. If you absolutely can't do that, I recommend that you go to the court website (http://www.judiciary.state.nj.us/ which contains forms that you can try to use.   I would be willing to have a brief personal phone call with you (at no charge), in order to get more facts and try to give you basic guidance. You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  I am not sure that I understand what you're asking.   If you would like to schedule a brief personal phone call with me (at no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  I would need more specific information from you, in order to try to help you.   Whose lawyer switched firms? Your lawyer or your spouse's lawyer? What are your specific concerns?  If you would like to schedule a brief personal phone call with me (at no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read Answer

Unfortunately, your wife is right. When she filed for divorce in New Jersey, neither one of you was a bona fide resident of New Jersey. Therefore, New Jersey did not have jurisdiction of the divorce case. If you moved to Virginia in August 2012 and still live there, you should contact a divorce lawyer in Virginia, because you ought to be able to seek a divorce there and get all of your issues resolved.... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  Your question is a very common one. The answer is: Based on the information that you have given, there is a very substantial likelihood that, if there is an proper application filed with the court, it will enter an order mandating your husband to advance money to a lawyer of your choice, so that you can have good representation in the divorce case.   In addition, if you cannot survive on the amount of money that your husband is giving to you, the court application should include a request that your husband pay you a sufficient amount of financial support while the divorce case is going on.  You will need to figure out a way (borrowing from a friend or family member, or using a credit card) to get a good lawyer enough money to prepare the necessary papers for the filing of these initial applications.  My firm usually requires a retainer of $2500 for this purpose. As long as the court application is successful, part of the court order will be the reimbursement of that retainer. If you would like to schedule a brief personal phone call with me (at no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read Answer

A notice to produce is a notice that lists certain things that the other party must either produce or answer a question.  An example of something that might need to be produced in a divorce matter is proof of insurance, or a bank statement or car title.  An acknowledgment of service is something that you sign to indicate that you received the documents that were sent to you.  ... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.   The answer to your question is: Yes, you may be entitled to child support and alimony, even if your husband is paying the mortgage, real estate taxes and homeowner's insurance.  The determining factors are:     (1) How much money do you reasonably need each month to pay all of the ongoing expenses at your household?     (2) How much of those expenses can you cover yourself (if you work or should be working);     (3) How much money will your husband have left over after paying the mortgage, real estate taxes and homeowner's insurance; and     (4) How much are his reasonable living expenses (in other words, is there anything left over for you).   These are obviously very important issues, and the resolution of these issues will have a huge impact on you and your children.  I strongly recommend that you talk as soon as possible with a very experienced lawyer who devotes his/her practice to New Jersey Divorce and Family Law matters.      If you would like to schedule a brief personal phone call with me (at no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read Answer

Yes ! Look at your marriage license - is the license issued in the correct name?  If it is you are fine.  If it is not, you can always correct the documents, but there really is no need.  Did you get a marriage certificate from the Court or religious ceremony?   As long as that certificate says the name you want it to, you are fine.  ... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.     In order to properly answer your question, I would need a lot more information from you.  among other things, I would need to know when and where you were divorced and whether anything was agreed upon regarding the retirement at the time of the divorce.   I hope that have rights and that is not too late for you to assert those rights.  If you would like to schedule a brief personal phone call with me (at no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read Answer

I think this is the same question - you can find the documents you need either at the county court house in the county in which you live - they will give you printed copies, or online on the New Jersey Judiciary website.  The packet will explain what needs to be filed, and what needs to be signed.... 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. I presume that you are asking this question, because you either have an ongoing divorce case or are considering filing for divorce. In New Jersey divorce cases, the non-injured spouse is eligible to receive the portion of the injured spouse's personal injury award or settlement which is intended to compensate for lost earnings and the medical expenses of the injured spouse.   The non-injured spouse is NOT entitled to share in the remainder of the settlement, which is: (1) intended to compensate the injured spouse for personal pain and suffering or the mental and physical disabilities caused by the personal injury; or (2) intended to compensate the non-injured spouse for the loss of consortium (companionship) of the injured spouse.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  A good start would be to look at the Section entitled "How We are Really Different."   If you are considering divorce, I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her 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. You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.  ... 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.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. If your friend's attorney doesn't seem to be much help, she needs to meet with a good Divorce attorney as soon as possible.   When someone believes that he or she may need my services, I will speak briefly by telephone with that person at no charge, to get a general sense of what's involved and to determine whether I think that I may be able to help that person.  If so, I offer as a next step what is called an Assessment, in which I will go over the situation in detail, answer the person's questions, and give the person guidance as to what I think is the best course of action. Typically, the Assessment lasts at least an hour. The cost is $425.  I believe that it is well worth the cost, given the financial consequences of what is involved.    I recommend that your friend call me.  She can call at any time of the day or night.  The telephone number is 973-455-1220. My Personal Extension is 14. She should leave a voice mail message for me if I am not available to speak with her when she calls.  ... 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.  A good start would be to look at the Section entitled "How We are Really Different."   You say that you are near the end of your divorce.  In my opinion, you are making a huge mistake if you are not being represented by a good New Jersey Divorce lawyer.  There seems to be a lot at stake.  You have 6 children and say that you have always been a stay at home mom.  The result of the divorce case will have a huge impact on both your children and you for long time.  Many people suffer from the misconception that, if they do not have money for a lawyer, they have no option but to represent themselves.  Most of the time, that is simply not true.  New Jersey Family Courts will often grant requests to direct one party to a divorce case to advance money to pay the other party's divorce lawyer.  Even if the advance cannot be paid from income, it can often be paid by liquidating an asset, or by charging the legal fees on a credit card.   There is no mathematical formula in NJ for determining either the amount or duration of alimony.  The law lists no less than 13 factors which the Court must take into consideration. You need a good advocate to help you.    If you would like to schedule a brief personal phone call with me (at no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read Answer