New Jersey Divorce Legal Questions

I dont know when the trial court entered its order on your cohabitation issue and on the counsel fee issue but there has been several recent reported appellate division decisions reversing trial court judges on their analysis of the  cohabitation issue and whether something amounted to cohabitation under the new statute. From the entry of a final order, you have 45 days to file an appeal with the appellate division. Since the court did not rule on the counsel fee until later, you could not file an appeal until that issue was disposed of -so it might be worth your while to sit down ( videochat) with a family law attorney to review the courts orders and the underlying pleadings and the transcript material to see if it is worthwhile filing an appeal. I don’t know what your alimony obligation is or what your proofs looked like for suspension or termination purposes, but if you still have a significant period of time remaining and a significant amount owed, it may be worth it to explore an appeal. If you are interested, contact my office so that they can schedule an initial consultation with one of the partners in the firm to discuss your matter. My suggestion is that if you are going to contact our office or another family law firm, provide the underlying orders, pleadings and statement of reasons from the court in advance so that the lawyer can determine if there is a proper basis for appeal, whether the time frame for the filing of the appeal has expired and what the cost of the retainer would be to hire the lawyer to represent you.    ... Read Answer

According to the information provided, it appears that you were married in 1976 and divorce in 1988 and in the divorce agreement, you either got no portion of your former spouse pension plan in the division of assets or the agreement was silent as to your entitlement to share in your former spouses pension plan. If this information is correct, then you have no claim or entitlement to share in the "marital portion" of his pension plan. For you to have an interest in his pension, the starting point would have been the divorce agreement. If the agreement did not provide for you to have a piece of that plan, then you would not have been entitled to a QDRO ( qualified domestic relations order) for a portion of the plan. ... Read Answer

Thank you for your message. I am sorry that your marriage did not work out.  Unfortunately, without further details, it is impossible to answer your question. Additionally, you may want to explore procuring an annulment as opposed to a divorce. I suggest that you contact an immigration attorney with regards to the question as to immigration status and then consult with a family Law attorney in order to discuss whether you should proceed by way of divorce or whether an annulment is more advantageous to you.... Read Answer

Thank you for your question. It sounds like you received a summons and complaint with an acknowledgment of service. This needs to be signed so the court knows that you are aware that this action is moving forward. Without reviewing the documents that you are referring to, it is difficult to answer your question completely. I would suggest that you reach out to a family attorney to schedule a consultation so all of your questions can be answered.... Read Answer

Thank you for your question. The questions posed regarding how much should it cost is difficult if not impossible to answer. There are so many factors that go into the work to be done on an individual case. The bottom line is it depends how much attorneys time (an attorney's staff time) is put into the matter. Of course the complexity of the matter generally drives up the cost because it involves more attorneys time as you go through the various stages of divorce. Another aspect that I come across often is people do not realize how much time it takes to accomplish something like properly doing a case information statement, or properly wording a certification and presenting a pendente lite application. If done properly especially if you have a mountain of information that has to be reviewed and analyzed and presented properly. Generally what I suggest a client to do is review the itemized billing that was presented to see what time was put into the matter justifying the fee. I hope this responses gives you a better understanding how attorney's fees can grow through the divorce process.... Read Answer

Thank you for your question. Additional information is required to properly address your question. We can discuss other enforcement mechanisms which can be in the form of a judgment or otherwise. Options for addressing arrears matter also be addressed in context of divorce as it relates to equitable distribution of assets. I encourage you to contact an attorney to schedule a consultation to discuss all available remedies.... Read Answer

Thank you for your question.  The only reason you might file under adultery is to meet the requirements because there is no time requirement under adultery, as opposed to the six months irreconcilable differences must exists as a grounds for divorce, but you or your spouse will need to provide an affidavit attesting that one of you is a New Jersey resident at the time of the filing. Please keep in mind that you would have to prove the grounds for adultery. However, you must separate the grounds from divorce from the jurisdiction requirement that you are a resident of the state for at least 12 months. I suggest you consult an experienced attorney to further discuss this.... Read Answer

Thank you for your question.  I understand how concerned you must be about your home.  It is important to determine how far behind the mortgage payments on your home are at the current time. I suggest giving the mortgage company a call to determine the exact amount of the mortgage arrears, if they have actually filed a foreclosure complaint yet with the Court and when the last full payment was paid.  This will help you determine the timeframe you have to attempt to rectify the situation and move forward accordingly. Unfortunately, because you mentioned your bank account was a joint account, there is nothing you can do directly to stop your husband from taking funds from the same.  Having said that, through the divorce process, you can obtain on Order to prevent this type of dissipation of marital assets in fairly short order.  This Order would prohibit your husband from giving funds away and would also require that he work towards a resolution of the foreclosure problem, whether it be by paying the mortgage arrears or listing the home for sale, to name a few options.  Please understand there are no clear cut remedies without Court intervention and it is important to protect yourself.  I strongly urge you to schedule a consultation with a family law attorney to assess the most effective path forward to protect your assets during the divorce process.  ... Read Answer

Thank you for your question. I understand how worried you must be about your family matter. The short answer is possibly. Grounds for a New Jersey annulment are: Bigamy, Duress, Nonage, Incapacity, Impotence, Incest, or Fraud. An example of fraud is that one spouse is an immigrant and uses the other spouse to stay in the country. I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney who has experience with immigration as soon as possible, so that you can understand the implications for you and your spouse. ... Read Answer

Thank you for your question.  Unfortunately, we cannot give you an answer based upon the limited information. Also, costs vary according to many different factors. At your free consultation, your attorney can help you understand typical costs and cost-saving options that may be available.... Read Answer

Thank you for your question.  It sounds like you are in a tough position and need some information with regard to your situation.  Generally speaking, income earned during a marriage does not belong solely to one party or to the other, but is rather considered to be marital in nature.  Likewise with any assets and/or accumulated during a marriage, including retirement accounts, or credit card debt incurred to provide for the family.  In addition, someone in your position may also be entitled to alimony and child support. I strongly suggest that you schedule a consultation with an experienced family law attorney who can discuss your specific circumstances with you and help you strategize to move forward.... Read Answer

Thank you for your question.  It is never easy to find yourself in a marriage with the wrong person.  To determine what portion of the home you would be entitled to, a full review of the finances would be required.  However, it sounds like you are entitled to some “sweat equity” for the minor renovations you mentioned performing.  Since the house was only purchased recently, there likely is not much equity in it just yet.  However, there can be creative solutions to get you what you are entitled to for your contributions.  It is important that you contact a matrimonial attorney as soon as possible to discuss all of your rights under the specific circumstances of your case.  ... Read Answer

Thank you for your questions. We’re sorry to hear you’re going through such a difficult time!  The short answer is that the law in New Jersey is equitable distribution.  It means that any asset acquired during the period of time you were married (from the date of marriage to the date a complaint for divorce is filed) is subject to distribution in a divorce.  The persons name on the title to the car is not dispositive of the issue.  I would strongly suggest that you consult with an attorney specializing in family law to assist you with this issue.  ... Read Answer

Thank you for your question.  If your husband is willing to agree to the divorce, I would recommend putting together a marital settlement agreement outlining the mutual terms of the divorce, and then filing for an uncontested hearing.  While you can file at the courthouse on your own, I would highly recommend speaking with an attorney to ensure your rights are being protected. ... Read Answer

Thank you for your question. There are too many variables and outcomes to give you a simple response because we will need to discuss custody, parenting time, alimony, child support and equitable distribution, if there are children and marital properties involved.  Kindly contact a family law attorney to discuss your case in more depth so that you can properly discuss your rights and options.... Read Answer

Thank you for your question.  I understand your concern about seeking a share of the equity in  marital property and the actions taken by your husband.  The answer is possibly.  The details of the transfer would need to be discussed to determine whether the property would be considered part of the marital estate for divorce purposes.  I would strongly encourage you to schedule a consultation with an experienced family law attorney to further explore your options and remedies available.  ... Read Answer

Thank you for your question.  I am sorry to hear about your medical condition.  Without knowing more details it is difficult to provide you with a detailed answer – you should certainly consider scheduling a complimentary consultation with a matrimonial attorney to more fully discuss your situation, address your concerns, answer all  your questions and formulate a plan of action.  However, in brief, your social security is considered income and whether you have to provide a portion of same to your (to be) ex-wife depends on a number of factors, but primarily her income.  If she is working, and you are disabled, it may be that she will be required to pay you money by way of some type of alimony (the payment off alimony from one party to the other is gender neutral).  With regard to your 2 pensions, usually, any retirement benefits of any type such as a pension or 401k (whether they are yours or your wife’s) are divided  equally, especially after  a marriage of 20 years.  However, if the retirement benefit (whether it be a pension, 401k etc), or a portion thereof,  was earned before the marriage, that pension (or portion thereof) is NOT distributable to the other party upon divorce.  It  appears your matter also involves issues relating to children (custody, parenting time, college expenses, medical expenses, extra-curricular expenses etc) and as such, as stated above, I believe a complimentary consultation is essential in your matter so as to enable you to become fully aware as to ALL of you rights and obligations. I hope this was helpful to you.... Read Answer

Thank you for your question. I understand how worried you must be about having to coordinate the timing of admitting your spouse to a nursing home with commencing divorce proceedings. The short answer to your question whether your income and assets can be affected is possibly. As such the timing of when you file is important. We also would need to understand the current financial circumstances for you and your spouse.   I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney who has experience, so that you can understand the implications for you should your spouse be admitted to a nursing home in the event of divorce.  I hope this was helpful to you.  ... Read Answer

Thank you for your question. I understand how concerned you must be about your living situation when you just went through the divorce process.   The short answer is that it depends on the terms of your divorce agreement and your specific living arrangements. We would need to analyze the divorce decree and any written agreements in place to accurately analyze your options and decide how to move forward.   I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney who has experience with New Jersey law as soon as possible, so that you can understand the implications for you and your family moving forward. ... Read Answer

Thank you for your question. I understand how difficult this time must be for you.  The short answer is that provided one party has been living in New Jersey for at least a year, you can file for divorce in New Jersey.  However, there certainly can be specifics involved and each matter is different.  You need specific answers to protect yourself and I would strongly suggest that you schedule a consultation with a family law attorney who has experience with New Jersey divorces, so that you can understand the implications for you before filing for divorce.  I hope you found this information helpful. ... Read Answer

Thank you for your question.  If you wish to file for divorce, it needs to be determined where the most appropriate jurisdiction would be. If no parties reside in NJ, the divorce may not proceed here. In any event, custody will need to be determined as part of the divorce. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and to ensure you understand your rights.  I hope this information was helpful to you.... Read Answer

If you think that your former spouse comitted fraud during the divorce proceedings, you can absolutely file a motion to reopen the case and adjust equitable distribution. Whether you settled or had a trial, or whether your were self-represented or had an attorney, will also affect the outcome of this motion. Edward Zohn, Attorney at Law, 908.791.0312... Read Answer