New Jersey Divorce Legal Questions

You need a consultation with a divorce law specialist to review your agreement terms and to better guide you. I do know where in NJ you live, but our firm has an office in Millburn and in Ocean County (Forked River) and consultations can be arranged through Zoom (videoconferencing) or in person. For divorce and for post-divorce purposes, initial consultations are free (your inquiry would be free). My suggestion would be for you to contact Angela of our office at either 973-379-9292 or at 609-248-9595 to schedule a consultation. My suggestion would also be to fax or email a copy of your settlement greement to the office in advance of the consultation, so that we can review it and be in a better position to discuss its terms when we talk with you about where you stand currently. ... Read Answer

Despite the fact that the lawyer passed away, there should have been another lawyer appointed to take over the handling of his outstanding client matters. If you call his office or email him, you should get some type of notification, telling you the name of the lawyer who has taken over the handling of your matter. If you do not get that information or a response, you should contact the Office of Attorney Ethics, whose main office telephone number is 609-403-7800. The department will guide you to whomever has taken over that lawyers client matters and / or assist you in getting back some of your retainer monies. As for moving forward with your divorce, you can also contact the family part section of the courthouse to find out the name and telphone number of the judge handling your divorce. You can then reach out to chambers to let them know that your lawyer has passed away and that you wish to proceed pro se. Someone should be able to assist you in filing the substitution of counsel form so that you can take over your own representation. As it stands now, all notifications are being sent to your lawyers attention ( since he is listed as counsel of record in your matter). ... Read Answer

Thank you for your question. It’s absolutely terrific that you and your soon to be ex have agreed upon substantially everything.  The details about the house should be part and parcel of your MSA (Matrimonial Settlement Agreement).  There can be different variations of how to handle this.  Typically if one spouse remains in the home until the children complete their schooling or otherwise, that person pays the bills for the house which are contributed to by the non-residing spouse by way of alimony or some other credits upon sale. This should be resolved in the MSA. I hope this was helpful to you.... Read Answer

No credible family law attorney should ever answer that question, other than to say that it depends on what issues are outstanding in your particular matter. If you have legitimate custody issues outstanding then the cost of a retainer is materially different than the retainer for a matter with no children, limited or no assets, and both parties working full time earning approximately comparable incomes. The best suggestion is to interview 2 -3 family law specialists to see which lawyer you feel more comfortable with, comfortable with the advice given, and the pricing for the issues outstanding. The only other thing I can say is that if you were suffering from a brain tumor and wanted the best chance of recovery/ success, the least important factor to you would probably be the cost of the retention of that expert. So, im suggesting that "cost" not be the most important factor in the analysis since one lawyer may be cheaper but another lawyer may have much more experience and the ability to cut through the process easier - food for thought. ... Read Answer

Your husband and you are married. Let those words sink in. Your husband is not paying for your car. Again, since you and he are married, marital monies are paying for your car along with a host of other expenses and your husband does not have the right to take your car away from you as if "he pays for it". What is equally relevant is that you and he have been together for 32 years and not simply 3 years and there is a published New Jersey family law appellate court decision called McGee vs Mcgee, written by then-Judge Long ( who later moved up to the NJ Supreme Court), where she reversed a lower court decision because the trial judge failed to consider the period of time that the parties lived together before they were married in trying to "equitably" address the issued then before the court.  After McGee was decided, our state legislature changed the law by requiring people who lived together to put in place a writing as to the terms of their relationship so as to reduce the ability of one party to later file a "palimony" lawsuit, alleging that they lived together with specific promises of support and asset accumulation. At that point, most family part lawyers thought that cohabitation settings could not give rise to future claims, and then the NJ Supreme Court at the end of 2016 rendered a decision where the parties lived together for about 8 years and then married and remained married for about 1 1/2 years and as they were getting divorced, husband got a tremendous bonus ( over a million dollars) based on his work efforts over the prior 10 year period of time on a project. The trial judge said he could not consider the period of time that they lived together before their marriage in the division of that bonus in the divorce. The NJ Supreme Court disagreed and said that he received that bonus as a result of their joint marital type sacrifices together and therefore the lower court was required to reexamine it and provide the wife with her "proper" share of that million-dollar bonus to account for the entire time that they were together - which means that if you and your husband have lived together for the past 32 years as if you and he were a married couple, you may have significantly greater rights to the assets acquired during that period of time than you think. Translated, you need to meet with a family law specialist, knowledgeable on the case law addressing the "tacking" claims that may be available to you ( including any retirement assets he may have as well).  ... Read Answer

As part of a divorce matter, if the intent is to permit your wife to retain the home as her asset alone, you / your lawyer can require that she not only indemnify you for any liability in the event of a default on the payment obligation but that she be obligated to refinance the existing mortgage obligation within a specific period of time to remove your name from the obligation. That type of setting is routinely addressed by counsel in a divorce matter and made a part of a court order in a divorce or made a part of a divorce settlement agreement. ... Read Answer

The critical issue is residency status. Many people maintain dual citizenship and have homes elsewhere in the world, but those elements alone do not confer jurisdiction on a court system. In New Jersey ( with minor exceptions), to file a complaint for divorce, you must be a resident of the state, physically live in New Jersey, and engage in actions to show that you intend New Jersey to be your primary place of residence. Simply having a home in New Jersey and maintaining US citizenship is insufficient for jurisdiction purposes. ... Read Answer

Thank you for your question. SSDI is considered as income on the Child Support Guidelines worksheets and is factored in to the parents’ child support obligations.  If a child is receiving derivative benefits, that will count as a credit towards the non-custodial spouse’s child support obligation.   In terms of whether the court correctly applied credits, we would need to see more information, including the child support guidelines worksheets calculations with supporting documentation and any court order, and we would encourage you to schedule an appointment for a consultation.  ... Read Answer

Thank you for your question. Every divorce is different and divorce costs vary based on the issues present in the divorce and whether or not you will need to go to court or can settle out of court. The best way to understand how much your divorce will cost is to consider the level of conflict present and the number of contested issues. Are you and your spouse on reasonable enough terms that you could work through your issues out of court? Are you already in agreement over issues such as what will happen to the house and custody of your kids? If yes, then costs can generally be minimized. The best way to estimate the costs of your divorce is to meet with an attorney who can go over your case and give you an estimate of what to expect. I hope this information was helpful to you. ... Read Answer

Thank you for your question. You are in a predicament for certain.  You’ve invested 5 years of your life into a relationship that is tainted and you still have the stamina to resurrect the trust and love you have in him.  The good news is that he is in therapy and therefore he recognizes his foibles.  As a legal matter, the marriage document does not make you a joint debtor unless you co-sign or otherwise agree to assume those liabilities.  A pre-nuptial agreement is the way to protect assets for sure.  If you have significant assets you should get a family lawyer to prepare such a document prior to your marriage.  If not, be sure to maintain separate bank accounts and DO NOT co-sign any loans and/or assume any debts he has already incurred.  Ultimately should he default in any payments, the creditor will pursue his assets including wage garnishments and bank levies.  But it cannot and will not seek payment from you.  So remember to keep a separate checking and savings.  I sincerely hope your marriage will be a success otherwise.  Just so you know every married couple has issues and debt.  You are not alone but at least your husband to be is seeking therapy.  Be sure you are included in that!  Best wishes.  ... Read Answer

Thank you for your question. In general, it's a good idea to think twice before volunteering to move out of the marital home, unless abuse or some other extenuating factor is present. Being in the home means that you can ensure that your home remains in good shape and market-ready should you decide to sell as part of the divorce. It can also save you money over paying rent. However, when living apart is best, you will want to get all agreements about the house in writing. What is best for you will depend on the individual factors on your situation. I encourage you to schedule a free consultations with a family law attorney to understand your rights and options. I hope this information is helpful to you. ... Read Answer

Thank you for your question. I am sorry that you find yourself in this situation. Your ex-spouse would generally speaking, be responsible for the alimony payments absent a substantial change of circumstances from the time the Judgement was entered. I recommend that you consult with a family law attorney to discuss your rights and options in filing an enforcement motion and garnishment proceeding. ... Read Answer

Thank you for your question. I am sorry that you find yourself in a confusing situation. Generally, assets that are obtained during the marriage that are not from a third party gift or inheritance or from pre-marital monies, would be subject to being divided between the parties. However, more information would be required to evaluate your particular circumstance. I would recommend that you consult with an experienced divorce attorney to ensure you are fully aware of your rights and responsibilities.... Read Answer

Thank you for your question. Given the short term of your marriage alimony is not really an option for you. As to the assets you may be entitled to a percentage of the marital assets you and your husband acquired during the marriage. However since you have not lived in NJ for a full year and are now back in Canada you do not have jurisdiction to file for divorce in NJ unless your Husband has resided in NJ for a year or longer. You would benefit from scheduling a video or phone consult with a family law attorney to discuss your options. ... Read Answer

The most recent NJ Appellate Court decision on this issue is Mandelbaum vs Mandelbaum, where the husband claimed that the parties were not properly married and therefore wife was not entitled to benefits of their 20+ year marriage. The trial and the appellate courts disagreed with the husband and said that a court of equity will not permit the husband to disavow wife's entitlement to the benefits of their marriage ( ie alimony, equitable distribution, etc). The fact that your husband wants to annul your marriage does not mean that you have to agree to it. My suggestion is that you have a consultatoin with a family law specialist to discuss your rights. If you would like to schedule a consultation with one of the partners in Diamond & Diamond, please call Angela at 973-379-9292 to arrange it.... Read Answer

Thank you for your question about equitable distribution during the divorce process in New Jersey.  New Jersey is an equitable distribution state. This means that all marital assets, property, and debt that have been accumulated during the course of your marriage are divided fairly and equitably by the court. It is important to note that equitable distribution does not necessarily mean your assets will be divided into equal parts.  Marital assets are any assets acquired from the date of marriage until the date of filing for divorce.  Whether or not your husband may have a claim to the home in your and your father’s name requires a fact sensitive analysis.  I suggest you contact a family law attorney to determine your rights regarding the home. ... Read Answer

While most people will say that they "fought" for specific things as part of a divorce, it does not mean that their matter proceeded to trial & resulted in the court rendering a decision on the issues presented. So, your starting point is whether there is a settlement agreement. If there is a settlement agreement, then the matter was settled and presumably, the court never made rulings of the issues contained in the agreement. I can tell you that over the course of a 34 year career handling divorce & family law matters exclusively, I have had clients want specific things as part of a divorce, which the other side would not agree to or which realistically were not practical and we  had to have "heart to heart" discussions on whether it made dollars and sense to pursue.  Its not healthy for your father to repeatedly tell you that he fought for a particular parenting time plan as part of the divorce and that your mother opposed it. I have no idea if that is true or not and I have no idea whether your mother had a legitimate reason to oppose it ( if she did oppose it). The best advice I can give your dad and you is that he stop the discussion on the divorce and focus his energies on how he can be involved more in your life today. Tell your dad to stop it since all he is really doing is disparaging your mother. If he wants a better relationship with you, tell him to let go of the anger and focus on being in your life constructively today and for tomorrow. Telling him that you love him and want him to be in your life more today, will also help him move forward with his life as well. If he refuses and continued to bash your mom, then it should also become clear that he cannot let go of the past and wants to blame her for his unhappiness and there is nothing in the court's file that will change that setting. And, lastly, if their matter was tried to conclusion before the court and you really wanted to get the transcripts, you can fill out the form from the family part, identifying the docket number, dates of testimony, etc and the transcriber will then let you know if they still have the tapes available for transcription and what the cost will be per transcript. Presume that each transcript ( if full day) will cost you about 1,000.00 per day of testimony with the payment made up front.  ... Read Answer

Thank you for your question. It may automatically if paid via wage execution and/or through a probation department. Additional information is necessary to be able to guide you in this matter. Please schedule an appointment with an attorney so that he/she can obtain additional facts and guide you appropriately.... Read Answer

I presume you tore up your wife’s clothing because you felt justified, after concluding that she was cheating on you. The simple answer is that tearing up someone else’s clothing is not acceptable and could give rise to that person filing a domestic violence complaint against you or asking a divorce court to impose sanctions against you for the cost of the damaged clothing in a divorce matter. Hopefully, you are concluding that it is unacceptable to destroy her clothing because of your anger ( or for any other reason). If she has cheated on you, then you need to decide if you and she still want to work through this infidelity to try and save the marriage. Not every act of infidelity requires a marriage to end. It means that you and she are at a crossroad and both of you need to decide how much the marriage means to the 2 of you and whether its worth trying to save. As to your spouse cheating on you, I have no idea as to why it occurred, but in most cases, its because something went wrong between the 2 of you. Simple example is where you are working long hours and she is lonely and when you come home, you are angry, frustrated with issues from work and distant. After tme, that loneliness can become overwhelming and maybe she felt that you simply did not care about her sexually any longer. Sorry.... but I dont know your life or what occurred to cause your spouse to cheat but most often, its not a simple. If you cannot forgive her for her actions or if the 2 of you are not equally committed to working on rebuilding the relationship and the trust, then the solution is to divorce.  ... Read Answer

The short answer is yes, he can get his mail. It sounds like you are more concerned that he is continuing to pick up his mail from the mailbox so that he can monitor you and whether you are home. If that is your concern, then I suggest that you can ask him directly or through counsel to put in place an address change with the post office so that he is not coming around the house, since it makes you uncomfortable. Alternatively, you can tell him that you will put together all mail addressed to him and leave it in the mailbox on a specific day each week so that he can pick it up.  If his actions become overly antagonistic or become harassing in nature, then have your lawyer communicate with his lawyer, telling him that you view his actions as in the nature of harassment and that if he does not change same, you will consider relief from the court system. If you do suggest that his actions cross the line into harassment, make sure that your lawyer details the actions constituting the harassment so that he cannot claim that he was unaware of it. But harassment has to be more than him simply taking his mail from the mailbox.... Read Answer

 Thank you for your question. In general, if you need copies of your divorce decree and marital settlement agreement, it can be obtained through the court and/or State of New Jersey, depending on how long ago the divorce took place. Additional information is required to better assist you and I suggest that you speak with an attorney so that he/she can offer you guidance with this issue.... Read Answer

Proceeding down the path you are pursuing will be the quickest way to get your wife to file a domestic violence complaint against you and having your world turned further upset down. You are married and you and your wife have a car with payments on it. As part of a divorce, one of you will end up with that vehicle and presumably the payment obligations associated with it as well. So, instead of stressing out and looking to create unnecessary issues for yourself, go meet with a family law specialist and get educated on your rights and your responsibilities as part of the divorce process as opposed to threatening your wife about her driving the car. Let me give you an insight – you acknowledged that you and your wife purchased a vehicle in 2019 and after its purchase, your wife has been driving it and now that you have decided to divorce her, you feel she should no longer be permitted to drive it and you are trying to figure out how to take it away from her and you are trying to rationalize your view. After being a family law specialist for the past 34 years, I can promise you that if you try and take that car away from your wife, you will be looking at a domestic violence setting, where your wife will state that you are engaging in harassment type behavior and took her car away from her to punish her and I can promise you that 96.275% of the family law judges in the state will view your actions as harassment and if so, impose permanent restrictions on you and more likely than not, require you to immediately return the car to your wife as well. So, meet with a family law attorney, get educated and do things more constructively in your divorce, so that there are fewer consequences to your actions. ... Read Answer

Thank you for your question. There are various factors when determining if alimony applies. Additional facts will be required to better assist you such as information pertaining to prior employment and/or compensation. We also need information regarding the other party to help guide you as to any appropriate amounts of support, temporary or otherwise. We suggest you contact a family law attorney to discuss.... Read Answer

Im guessing that you are representing yourself in your divorce since these would have been the type of questions that a lawyer would have gone over with you initially. These questions are critically important in a divorce and cannot / should not be answered by a family law specialist without sitting down with you in a consultation setting since its impossible to tell you what your spouse should be paying and what her interest in a particular asset will be without having a clear understanding of all of the issues outstanding in your matter. To you, these may be the only issues of importance, but your wife may have a very different view and a court may have an even different view than both of you. I dont know if you and she have children, whether the cost of remaining in the house is less expensive than a comparable rental setting *( which may be relevant to the issue of alimony and / or child support / custody ), the custodial plan in place ( if there are children), the division of other assets and liabilities and an understanding of your respective cash flow. There are way too many questions that need to be addressed for any lawyer to simply give you an answer competently.  Again, I think it is worth your while to reach out to one or more local family law specialists for a consultation to discuss your matter.  ... Read Answer