New Jersey Divorce Legal Questions

I'm not sure how the name change could have occurred without your mother knowing because its usually something that you specifically have to ask the court to include.  You can always ask to amend the judgement of divorce to allow her to keep her name.  Usually when someone resumes using her maiden name, they use the judgement of divorce as proof that they are changing the name back.  if your mother wants to keep all of her things in the same name she has had, she just won't take that affirmative step of changing things.... 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."   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.  A good start would be to look at the Section entitled "How We are Really Different."   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 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." 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.  A good start would be to look at the Section entitled "How We are Really Different."   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

What you describe is domestic violence.  The next time she does anything, you should call the police, tell the police that you want to file a Domestic Violence Complaint and apply for a Retraining Order.   After you file the Complaint, you may be able to qualify financially for a pro bono lawyer in the Domestic Violence case, depending on the level of your income.     If you do not qualify for a pro bono lawyer or you want to retain a law firm of your own choosing to represent you--not only in the Domestic Violence case but also to file for 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, including Domestic Violence.     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 state where you live.  My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters, including Domestic Violence cases.  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.  Focus especially on the Section which describes How We Are Different, as well as the Section on Domestic Violence.    Every case is unique and, therefore, the amount of legal fees varies.  In Domestic Violence cases, the cost of good legal representation is generally at least $2,500.   If you may wish to retain my firm to represent you, I would be happy to speak with you about your situation briefly over the telephone, at no charge.   You can call our offices at any time of the day or night to schedule the phone call.  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

Some people do their own divorce.  However, you are correct that it is time-consuming and, depending on the facts, it can be difficult. Most important, however, is that in many cases a lot of things can "slip through the cracks" without a good lawyer, and those slip-ups can cost a lot more money than the lawyer would have.   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. I believe that you should at least 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.   I call that meeting an Assessment, for which the charge is $425.   Your question does not state where you live.  My firm's offices are in Morristown NJ.  If you would like to schedule an Assessment, you can call our offices at any time of the day or night to schedule a meeting.  Our telephone number is 973-455-1220. My Personal Extension is 14. Please leave a voice mail message for me 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. 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, after speaking very briefly with a potential client over the phone at no charge, I offer as a next step 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. 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. You can call our offices at any time of the day or night to schedule the Assessment. Our telephone number is 973-455-1220. My Personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call.... Read Answer

I could prattle on about the law and such, but that's not what you need now. Get a good (not just any) divorce lawyer, now. You need one. Badly. Yes, it'll cost you, but it will more than pay for itself if you get the best lawyer you can afford (and the best you can afford cannot include a crappy lawyer). If you play your cards right, you could come out of this divorce in a great position. Try to jump over dollars to pick up pennies and you'll regret it the rest of your life.... 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. 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, after speaking very briefly with a potential client over the phone at no charge, I offer as a next step 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. 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. You can call our offices at any time of the day or night to schedule the Assessment. Our telephone number is 973-455-1220. My Personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call.  ... Read Answer

Your wife may not be correct.  The answer depends on the unique facts of each case.  Among other things, it will be important in your case to talk about how the addition was paid for, the principal balance of the mortgage at the time of the marriage, the current principal balance of the mortgage, and the source of the mortgage payments during the marriage.     I recommend that you 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, 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. 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 does not identify where you live.  My offices are in Morristown.  I would be happy to meet with you.  If you want to do that, please call 973-455-1220. David F. Salvaggio, Esq.... Read Answer

In NJ, your wife may be entitled in equitable distribution to a share of the part of a worker's comp settlement that reimburses marital assets that were lost because of your injury.  She should not be entitled in equitable distribution to any part that compensates you for the loss of future income.   I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice to New Jersey Family Law matters, go over your situation in detail, 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. 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. Your question does not identify where you live.  My offices are in Morristown.  I would be happy to meet with you.  If you want to do that, please call 973-455-1220. David F. Salvaggio, Esq.  ... Read Answer

In order to properly assess whether to recommend that you enter into the proposed Agreement, a good Divorce attorney would need a lot more information and documentation, and would also need to meet with you. I strongly recommend that you 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, 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. 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. I do not know where you live.  My offices are in Morristown.  I would be happy to meet with you.  Please call 973-455-1220, if you want to set up a meeting. David F. Salvaggio, Esq.     ... Read Answer

You have a very serious uphill battle. Do not wage the battle without competent counsel The problem is that your husband could end up on welfare. The Court's role (unspoken) is to prevent this if it can. You're still entitled to 1/2 the maritlal estate, but have to deflect the risk of supporting him through spousal support.... Read Answer

Yes, you can subpoena the records, and if time is too short he can be forced to bring his copies to a hearing on less notice. I would still do the subpoena to be sure the ones he brings are accurate and complete. As for the other question, that information too can be subpoenaed and if he has voluntarily reduced hours it is possible to have income imputed to him in the amount of the voluntary reduction. YOU NEED AN ATTORNEY NOW!!!... Read Answer

You can find all of the forms necessary to file for divorce on your own at the New Jersey Superior Court website.  Scroll all the way down to the bottom and go to the family law section and get the form called the "pro se packet".  All of the forms you would need to file for divorce on your won will be there, and the clerks at the court will help you to make sure you are filing the proper forms.  Good luck. ... Read Answer