New Jersey Divorce Legal Questions

You should have something like that for your own protection so that no one can come back at you and say you took her without permission or notice.  If your daughter has a passport, and there are no conditions in your visitation/custody agreement, and her mother agrees, then just get all that in writing.  ... Read Answer

If your husband married someone else without first being divorced from you, he committed bigamy, which is a criminal offense.  Even if you and your husband have been separated for some time, if you have not received a Judgment of Divorce, he is still your husband and entitled to benefits as your husband, including, but not limited to, a share in your estate should you pass away before he does, social security benefits and others.  A divorce ensures your rights and interests are protected going forward.  The attorneys at Weinberger Law Group are experienced in representing clients through sensitive issues like yours and through divorce.  We are happy to assist you and make the divorce process as smooth as possible.  The attorneys at Weinberger Law Group offer a free initial consultation and can speak with you about your rights and options.  Call today (855-548-2157) to schedule your free initial consultation.... Read Answer

Your employer may have its own policies against dropping a spouse's health insurance coverage in the absence of a qualifying life event.  You may consider filing a complaint to dissolve your relationship with your spouse.  Once your relationship is dissolved, you will be able to remove your spouse from your health insurance without consequence.  In fact, once your relationship is dissolved, your spouse will no longer be able to stay on your health insurance.  The attorneys at Weinberger Law Group offer a free initial consultation.  Call today to schedule your appointment where you can discuss your concerns and your rights in greater detail with one of our experienced family law attorneys.... Read Answer

It may be appropriate to request your ex-spouse pay the difference between $1,200 and $785 per month, particularly based on the terms of your Settlement Agreement and under the unique circumstances of your case. If your ex-spouse is unwilling to do so voluntarily, you may need to file a motion to ask the court to order your ex-spouse to pay the $415 per month. The attorneys at Weinberger Law Group offer a free initial consultation.  I urge you to call today and schedule an appointment with one of our attorneys.  Bring with you to your appointment a copy of your Settlement Agreement, Judgment of Divorce and any documents you have regarding your ex-spouse's pension.  The attorneys at Weinberger Law Group are happy to consult with you and discuss this matter with you in more detail as well as to strategize with you about your next steps.  Call (855) 548-2157 today to schedule your appointment.... Read Answer

As a parent, you have rights regarding your child regardless of your work schedule.  If your wife is denying you access to your son, you may consider filing an application with the court for parenting time.  The court allows married persons to file applications regarding custody, parenting time and other issues without first filing for divorce. This is referred to as a Non-Dissolution application or action.  Another option you may consider is to file a Complaint for Divorce along with a motion requesting the court order a parenting time schedule.  Whichever option you choose, it is important to act before a status quo is created that may make it difficult for you to change in the future. The attorneys at Weinberger Law Group offer a free initial consultation.  We are happy to discuss with you your options and work with you to develop a strategy or plan based on your unique circumstances.  Call today to schedule your appointment. The weblink to the Non-Dissolution application I referred to above is: http://www.judiciary.state.nj.us/prose/11492_fd_initial_appl_kit.pdf You may also find the following websites to be informative: http://www.weinbergerlawgroup.com/blog/newjersey-child-parenting-issues/parenting-time-vs-visitation-whats-difference/ http://www.weinbergerlawgroup.com/children-parenting/child-custody/ http://www.weinbergerlawgroup.com/children-parenting/child-custody/visitation-time-plans.aspx... Read Answer

Most family and matrimonial attorneys require the execution of a Retainer Agreement and the payment of a retainer prior to beginning work on your behalf. The unemployed spouse can certainly request the court order the other spouse to pay his or her attorneys fees incurred. The unemployed spouse can also request the court order the monied spouse to set aside money in a litigation fund for the unemployed spouse's benefit. My firm, Weinberger Law Group, offers a free initial consultation. The attorneys at Weinberger Law Group are happy to meet with you and explore your options and help you strategize about next steps. Call today to schedule your appointment. Additionally, you may find the following websites to be informative: http://www.weinbergerlawgroup.com/assets/files/what-you-need-to-know-before-you-file-for-divorce.pdf http://www.weinbergerlawgroup.com/faqs-videos/divorce/how-much-does-it-cost-to-get-divorced-in-new-jersey http://www.weinbergerlawgroup.com/faq/what-are-the-costs-of-divorce.aspx... Read Answer

If your wife married someone else without first being divorced from you, she committed bigamy, which is a criminal offense.  Even though you and your wife have been separated for 15 years, if you have not received a Judgment of Divorce, she is still your wife and is still entitled to benefits as your wife, including but not limited to a share in your estate should you pass away before she does, social security benefits and others.  Your filing for divorce will likely "complicate things" for your wife and her second husband; however, a divorce ensures your rights and interests are protected going forward. Regarding representing yourself through a divorce, the courts in New Jersey do not make it easy for self-represented litigants. During the process, you can expect complications and complexities surrounding important issues such as asset division, alimony, child support, etc.  Protect your legal rights and safeguard your future by retaining the services of an NJ divorce lawyer whose entire legal practice is devoted exclusively to New Jersey divorce, family and matrimonial law. The attorneys at Weinberger Law Group are experienced in representing clients through sensitive issues like yours and through divorce.  We are happy to assist you and make the process as smooth as possible.  The attorneys at Weinberger Law Group offer a free initial consultation and we are happy to speak with you about your rights and options.  Call (844) 828-2134 today to schedule your free initial consultation. Additionally, you may find the following websites to be helpful: http://www.weinbergerlawgroup.com/divorce-legal-separation/divorce/ https://www.lsnjlaw.org/Publications/Pages/Manuals/DivorceGuide.pdf... Read Answer

You should consult with an immigration attorney about whether or not you will need to return to your home country after divorce,  You may have a number of rights and claims with regard to distribution of your property, spousal support and other issues that arise when spouses divorce.  The attorneys at Weinberger Law Group offer a free initial consultation and are experienced in all areas of matrimonial and family law. We are happy to speak with you to discuss your options with regard to a divorce and to navigate you through the process. Call (877) 418-8515 today to schedule your free initial consultation.... Read Answer

To get an understanding of your rights, I urge you to consult with an attorney who specializes in matrimonial law and who can explain your options depending on your unique circumstances.  For example, you may have an interest in marital property such as retirement assets.  You may also have a claim to alimony depending on how the statutory factors apply to your case. The attorneys at Weinberger Law Group are experienced in all facets of divorce and support matters.  We offer a free initial consultation and are happy to meet with you to discuss and explain your options.  We ae happy to work with you and navigate you through the divorce process.  Call (855) 361-4011 to schedule your free initial consultation. You may also find the following websites to be helpful: http://www.weinbergerlawgroup.com/divorce-legal-separation/alimony-spousal-support/ http://www.weinbergerlawgroup.com/divorce-legal-separation/alimony-spousal-support/alimony-factors-new-jersey.aspx http://www.weinbergerlawgroup.com/divorce-legal-separation/division-assets-debts/property-distribution-marital-separate.aspx... Read Answer

You raise very good questions.  The answers to your questions are, it depends.  Before parties are divorced, a number of issues must be addressed.  The parties can agree on how to address each issue, or, if the parties do not agree, the Court will need to make a determination after a trial.  The issues that must be addressed include, but are not limited to, how the marital property and debt will be distributed, whether or not alimony will be paid from one spouse to the other, custody and parenting time of children, child support, to name a few.  If the parties agree on how to resolve each issue, the divorce may occur sooner rather than later.  If the parties do not agree, the process could last a year or more, give or take.  At any point in the process, the parties may settle each issue and ask the Court to divorce them. In terms of cost, there are filing fees that must be paid for the Complaint, Answer and Counterclaim, and any motions.  If you decide to retain an attorney, you will need to pay for that attorney's time, which will likely be billed by the hour. The attorneys at Weinberger Law Group are experienced in all facets of divorce, child custody and support matters.  We offer a free initial consultation and are happy to meet with you to discuss and explain your options.  We are happy to work with you and navigate you through the process.  Call (855) 545-9323 to schedule your free initial consultation. You may also find the following websites to be helpful: http://www.weinbergerlawgroup.com/faqs-videos/divorce/what-is-the-difference-between-a-contested-divorce-and-an-uncontested-divorce http://www.weinbergerlawgroup.com/divorce-familylaw-articles/tips-to-achieve-uncontested-divorce.aspx http://www.weinbergerlawgroup.com/blog/newjersey-divorce-lawyer/3-tips-regarding-an-nj-uncontested-divorce/ http://www.weinbergerlawgroup.com/divorce-legal-separation/divorce/ http://www.weinbergerlawgroup.com/divorce-legal-separation/divorce/divorce-roadmap.aspx  ... Read Answer

As the Plaintiff, her failure to appear at the uncontested court date may delay the process.  If you filed a Counterclaim for Divorce, you may be able to proceed on your Counterclaim.  The attorneys at Weinberger Law Group offer a free initial consultation and would be happy to discuss this with you along with your options. Call (855) 545-9323 to set up an appointment for your free initial consultation or for more information. Additionally, you may find the following website to be informative: http://www.weinbergerlawgroup.com/divorce-familylaw-articles/tips-to-achieve-uncontested-divorce.aspx  ... Read Answer

It is possible for a non-resident to file for divorce in New Jersey as long as certain jurisdictional criteria are met.  She may file for divorce in New Jersey if her spouse has been a bona fide resident of the State of New Jersey for at least one year prior to the filing of the Complaint for Divorce.  Venue requirements must also be met. You may find the following website to be helpful: http://www.weinbergerlawgroup.com/divorce-legal-separation/new-jersey-divorce-statutes.aspx   The attorneys at Weinberger Law Group offer a free initial consultation and are happy to meet with you to answer any questions you may have regarding this matter.  Call (855) 545-9323 to set up an appointment or for more information.  ... Read Answer

  I have seen your question.   My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.    The answer to your question is:  It depends.  Whether or not "it is too late" depends on the details of your situation.  Every case is different, and your application will be decided based on the unique facts of your case.  You need a very experienced lawyer who will, first, have a brief conversation with you over the phone to get a few more details, and then meet with you and do a complete Assessment (not just the "free consultation" offered by most lawyers) in which he/she gets all of the details and goes over all of the documents with you so that he/she can properly advise you.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties.   If you live in one of those counties, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  I will be happy to have a brief phone call with you--at no charge of course--to get more facts.   ... Read Answer

Of course, you can get a judgement of divorce without a property settlement agreement (PSA), but it would not be advisable if you have property that needs sharing.   Property means bank accounts, investment accounts, pensions, 401K's, IRA's Roth IRA's, valuable art, automobiles, tax liabilities, credit card debt, stocks, bonds, mutual funds, or other economic valuables.  Once the judgement of divorce is entered, you will want all economic matters, all economic issues, concerning the marriage should be resolved at that time.  Without a writing, commonly called the "Property Settlement Agreement", you will be unable to enforce the verbal agreement you may have made. In addition, you will want all matters regarding custody and parenting time with your children resolved as well.  For example,  you will want to have a writting as to:  where  the children live; what time will they spend with the other parent; how will holidays be shared; where will the exchanges occur; and, at what time, to name some of the issues.  While parenting time is always flexible, having a writing gives the children a schedule which helps them feel safe, and parents will have an idea of when they might have free time.  ... Read Answer

  I have seen your question.   My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.    The answer to your question is:  There is no "formula" in NJ, by which a court will calculate the amount and duration of alimony.  The court will weigh many different factors which are listed in the NJ alimony statute.   You don't say if you are represented by an attorney in your divorce.  If not, you should be represented by a very experienced lawyer who devotes his/her entire practice to NJ divorce and family law cases.         My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties.   If you live in one of those counties and want to talk, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  I will be happy to have a brief phone call with you--at no charge of course--to get more facts.   ... Read Answer

  I have seen your question.   My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.    I am so sorry that your spouse walked out on you after 27 years of marriage.  Your friends are correct.  You do need to protect yourself.  There are a lot of things which you must make sure of, such as insuring that you have enough money and that any assets and debts are divided fairly.      Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties.   If you live in one of those counties, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  I will be happy to have a brief phone call with you--at no charge of course--to get more facts.   ... Read Answer

  I have seen your question.   My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.    The answer to your question is:  You would need to have a Motion properly prepared, filed with the Court and served on your ex-wife, requesting a Court Order that she either refinance the current mortgage or sell the house, in order to remove you as an obligor on the mortgage.   I am guessing that you did not have a lawyer when you got divorced.  I would have recommended strongly against you doing what you did, and if it was absolutely necessary for you to be on the mortgage, I would have insisted that there be a reasonable deadline for your ex-wife to remove you as an obligor.   My firm handles cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties.   If you live in one of those counties, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  I will be happy to have a brief phone call with you--at no charge of course--to get more facts.   ... Read Answer