New Jersey Divorce Legal Questions

Usually, if you find a job with medical insurance and discontinue using your ex-spouse's coverage, you cannot go back on that coverage if the job ends.  the terms of the divorce form bed and board may be slightly different than a "regular" divorce, and there is always the possibility that you can stipulate what coverage you would be entitled to receive.  However, it is not typical that an ex-spouse remains on the coverage.... Read Answer

This can be contested because you were not notified.  In order for the divorce to be finalized, the party who is the plaintiff would have had to prove that he/she served the defendant with the complaint.  What ever was submitted to the court as proof that you received the papers must have been false.  You can get the documents from the court, they are all public documents once they are filed with the court.  Find the proof of service and see if your name was forged, or some other false information submitted, and that will be the basis for your claim that the divorce is to be invalidated.... Read Answer

It is essential that you consult with an experienced family law attorney in your area to review these facts. When you do bring with you whatever documentation you can, copies of deeds, county tax bills, tax returns, etc., so the attorney can properly advise you. From the general information you provide, and your facts, this real property generally appears to be community property which must be divided by the court.... Read Answer

I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE 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. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  Please call 973-455-1220. David F. Salvaggio, Esq.... Read Answer

I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE 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. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  Please call 973-455-1220. David F. Salvaggio, Esq.... Read Answer

You need to file a motion with the court for something that is called pendente lite relief.  This is the relief that you will be provided before the divorce is finalized.  You can find the pro se forms that people use when they represent themselves at this website. http://www.judiciary.state.nj.us/prose/index.htm... Read Answer

You can make it part of the consent order for the withdrawal to be that the other documents stay in place.  you want to with draw, or have the complaint dismissed without out prejudice, which would allow you to file again.  As part of the Order allowing that to happen, both parties should agree to keep all of those documents as binding for use in the final complaint.... Read Answer

Answer: A New Jersey court technically does not have jurisdiction over real property outside of the state and any order equitably distributing such property will only be as effective as a court in another state or country determines it to be in the event that it is met with a challenge. Within the U.S., this is usually not a problem, as a court of one state typically honors and defers to divorce agreements from other states. However, there is a likelihood that you would have difficulties trying to enforce an American divorce decree purporting to distribute real property in India in an Indian court of law in the event that your spouse challenges it. You should consult with an experienced matrimonial attorney in both New Jersey and India to find out what your rights are. Additionally, in order to be eligible to file for a divorce in New Jersey, you need to have resided here for at least one year prior to filing. You should consider meeting with an attorney well-versed in these areas. I recommend you seek a law firm that concentrates in family law. This concentration allows the attorneys to better understand the issues and complexities of you matter.... Read Answer

I presume that you are not represented by a lawyer because, if you were, you should be asking your lawyer this question as long as you trust the lawyer.  If you I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters. It's all we do. You say that a support order has not yet been issued but will be shortly.  Does that mean that your ex filed a Motion, you responded and you are just waiting for the Court's Decision? You say that you have been giving her a large amount of money each month, but that you have taken a pay cut, and that with her income and the money you give her each month, she takes home more than you.  You ought to consider having a Motion filed to reduce the amount that you are paying her.   You say that she tells you that if you give her less, she will take you to court and get spousal support.  I would need a lot more information from you, in order to intelligently address that issue.   I strongly recommend that you meet as soon as possible with me or another very experienced lawyer who devotes his/her ENTIRE 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. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  Please call 973-455-1220. David F. Salvaggio, Esq.... Read Answer

Lawyers bill on an hourly basis. Our knowledge and expertise is conveyed by time spent. My computer program allows me to bill on 1/10 of an hour basis. This means that from 0-6 minutes, it will be billed at 1/10th of an hour. If I read a lot of emails at the same time, I will exercise my own judgment and compile the charge as "Review of emails" and charge for one period of time. I see a lot of lawyers billing on 1/4 of an hour basis. In other words, they would bill you for 15 minutes and not for 1/10th of an hour. His manner of billing is within the practice of what I see. If you have a good relationship with your lawyer, simply ask him if he would consider giving you a discount. Most lawyers appreciate clients that pay on time and will work discounts on their bills. I know I do.... Read Answer