New Jersey Divorce Legal Questions

In order to accurately answer this question, I would need to read the terms of your specific settlement agreement as that document would explain what the triggering events would be to modify or terminate your alimony obligation. However, if your agreement indicates that cohabitation is a triggering event, then you would have to prove that she lives with this person and that this individual is contributing financially to her needs to the degree that her alimony needs are reduced. This would all have to be done via filing a motion with the court and many times, a private investigator is utilized to try to prove the cohabitation. Typically, this is not an easy motion to succeed on as it can be difficult to prove the financial contribution by this individual to your ex spouse's needs, but I hope this helps answer your question.... Read More

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. Unfortunately, a good Family lawyer will need a lot more information, before being able to try to answer your question.  For example:   What are the grounds given for the annulment? What was the purchase price of the home?  What was the original principal balance of the mortgage loan?  What is the fair market value of the house now?  What is the current principal balance of the mortgage loan?  How long did you live there?  When did you separate?  Did you contribute to the payment of the mortgage while you were living together? To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. 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 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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com), which contains a lot of helpful information. If you would like to have a brief personal telephone conference with me (no charge), you can call our offices at any time of the day or night.  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. You can call our offices at any time of the day or night if you want to schedule an 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 More

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. Unfortunately, a good family lawyer will require more information in order to try to answer your question. Are you married?  Is it your property or your spouse's property?  Exactly what does the property consist of?  How much is it worth?  When was it inherited? Have you filed joint income tax returns for each year after the property was inherited?  How much were the additional income taxes paid as a result of that property each year?  Did you contribute to that payment?  If so, how much did you contribute?    I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. 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 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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com), which contains a lot of helpful information. If you would like to have a brief personal telephone conference with me (no charge), you can call our offices at any time of the day or night.  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. You can call our offices at any time of the day or night if you want to schedule an 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 More

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. There is no such law, John.  However, you may want to do something on your own.    To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. 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 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.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com), which contains a lot of helpful information. If you would like to have a brief personal telephone conference with me (no charge), you can call our offices at any time of the day or night.  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. You can call our offices at any time of the day or night if you want to schedule an 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 More

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.com), which contains a lot of helpful information. To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. 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 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.  For a list of those counties, please go to the Home Page of our website and scroll to the bottom of the Page.    If you would like to have a brief personal telephone conference with me (no charge), you can call our offices at any time of the day or night.  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 More

You may be entitled to a portion of the increase in value of the house form the time of purchase to the time of divorce.  If you are paying towards the utility bills (gas, water electric) you may not have any recourse. But if you are contributing to the mortgage, you may be able to claim entitlement to a portion of the equity in the house.  The more important issue is the way you are both dealing with money - it is the number 1 reason couples fight - see a counselor before things get too far out of control !... Read More

Your children are old enough to have a say, and if your divorce is not finalized, then you can make it part of the divorce.  you should be prepared to say why you are moving, for example, "I have a better job in another state", or "that's where my family is from and I will have more support in raising the children and working", or whatever the circumstances are.  You cannot just say I want to move to be away from my ex !... Read More

This is something that can be discussed and/or ordered as part of "pendente lite" relief, or the relief you get before the final judgment of divorce.  If there are bills that your soon to be ex needs to continue to pay prior to the divorce being finished, this can be done by court order without everything else being finished as interim relief.... Read More

It could mean that the prior agreement, the every Tuesday night and every other weekend, still stands, the judgment of divorce sounds like it was not very specific.  If you can discuss some other visitation and agree upon it, then have him sign something that says this is the new agreed upon visitation. ... Read More

New Jersey requires equitable distribution of assets.  That does not necessarily mean that your wife will have to give you one half of everything that she had prior to the marriage.  It means you are entitled to an equitable portion of what was earned or acquired during the marriage.... Read More

Its not Alimony being terminated that relieves you of the burden of college, its the fact he was emancipated.  You are no longer responsible for any kind of support for him once he is emancipated.  If he had attended college, or was attending college, he could not have been emancipated.  But it seems like you have now fulfilled all of the obligations of the property settlement agreement.... Read More

Answer: You should file for divorce sooner rather than later if your goal is to minimize his potential claim to your recovery. While generally the proceeds of a personal injury lawsuit are exempt from equitable distribution, there are portions of the recovery that may not be, particularly if you were the primary earner in the marriage as he may have a partial claim towards your lost wages. Additionally, he may be entitled to a separate loss of consortium component. Again, the degree of his entitlement, if any, is highly dependent upon the particular circumstances of your case as well as the date of the accident in relation to the date of the recovery. It is crucial that you consult with an experienced matrimonial attorney to learn what your rights are and how to protect your interests in your divorce litigation.... Read More

The children can be registered in school where the parent who has residential custody lives.  If you are living in Tenafly, and have custody of the kids, you can register them in Tenafly schools.  Where you live in New Jersey is up to you, you will not be restricted from living anywhere within New Jersey.... Read More

Both parents have access to obtain the documents, so it is conceivable that duplicate sets of documents exist. The school is also required to send information to both parents, including transcripts of grades.  The only legal document belonging to the children that I think you cannot have a duplicate of is a passport.  That could be kept in a safe deposit box, the cost of which is very minimal and can be split by the parties.  Otherwise, duplicate sets of records can be maintained.... Read More

You do need to wait a year for residency in New Jersey.  Sometimes you can file ahead of the year, and indicate on the paperwork that you will be waiting until one year until you move forward.  I'm not sure how she is going to sink you into debt.  You can notify the credit reporting services of the separation and indicate that no further credit should be issued in your name, and send that request to them in writing. ... Read More

I'm not sure it is an ethical violation for an attorney if a client refuses to settle.  even if after the litigation, the settlement was close to or even the same as what was first offered, that is not necessarily the result of some violation of the attorney.  Many times the amount that a case should be settled for cannot be determined until there is some discovery of issues.  But you should contact the attorney ethics Board in the county in which the matter w as heard if you think there was an ethics violation.... Read More