New Jersey Divorce Legal Questions

You really can't waive child support and you actually did not but you might have signed something that indicated if you applied to the court for an increase or for child support he had the right to apply for alimony.  Based on the length of your marriage and the salaries, he may not be entitled to alimony.  Even if he is, it would be for a very limited time.  The potential child support would outweigh the risk of alimony. ... 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.net), which contains a lot of helpful information. In order to intelligently answer your question, a good lawyer will need to review your Judgment of Divorce and your Settlement Agreement if you had one.  I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her practice 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.     Many lawyers offer short in-person “Free Consultations” as a means of attracting potential clients. I believe that a “Free Consultation” is not sufficient for the potential client to obtain the information and guidance that he/she needs, and that it also ignores the value of the lawyer’s advice. Therefore, after speaking very briefly with a potential client over the phone at no charge, I offer as a next step what is called an Assessment, in which I will go over your situation in detail, answer your questions, and give you guidance as to the best course of action. Typically, the Assessment lasts at least an hour. The cost is $425. In order to make sure that the Assessment is as useful as possible for you, we will provide you with a detailed Questionnaire for you to complete and bring to the Assessment. 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

Now that you have been served with divorce papers there is an open case in court.  You can apply to the court for something called "pendente lite" relief which is a form of temporary support that the court will order until the divorce is finalized.  Here is a link to a form I found online that is used in a paralegal course.  http://www.gsaconvention.com/images/2012_Pendente_Lite_Handout.pdf ... 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.net), which contains a lot of helpful information. The short answer to your question is: Yes, there is something you can do.  You should be able to get a court in Texas to enforce your ex-husband's alimony obligation. If you want to give yourself the best chance, I believe that you will need a good lawyer in the area of Texas to which your ex-husband moved.   I would be happy to speak with you, go over your situation in more detail and give you guidance as to the best course of action.  That is what I call an Assessment.  It can be done over the phone or in person.  The cost is $425. 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.net), which contains a lot of helpful information.  No good lawyer will be able to give you an "estimate" of how much the alimony will be (or if there will be alimony), because every case is different and the result in each case depends on its unique facts.  There are no "Alimony Guidelines" in New Jersey--as there are for child support.  I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her practice to New Jersey Divorce and Family Law matters. 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).  If you want to schedule a meeting with me, please call us.  Our telephone number is 973-455-1220.... 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.net), which contains a lot of helpful information.  I believe that your boyfried needs to meet as soon as possible with a very experienced lawyer who devotes his/her practice to New Jersey Divorce and Family Law matters. He needs to go over his situation in detail with the attorney, get educated answers to his 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 your boyfriend  lives.  My firm's offices are located in Morristown, NJ (Morris County).  If he wants to schedule a meeting with me, please have him call us.  Our telephone number is 973-455-1220. ... 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.net), which contains a lot of helpful information.  Unfortunately, absent an act of domestic violence by your husband against you--you cannot force him to move out of the house at this point.   I know that it does not seem "fair" to you.  Hopefully, he will leave voluntarily.  If he does that, his financial responsibillities for the household will not change, unless you agree otherwise. Under no circumstances should you move out of the house--at least not until you have met with a very experienced lawyer who devotes his/her practice to New Jersey Divorce and Family Law matters. 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).  If you want to schedule a meeting with me, please call us.  Our telephone number is 973-455-1220. Please leave a voice mail message 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.net), which contains a lot of helpful information.  I cannot speak to the issue of whether you could get a divorce in a foreign country.  If your husband is still a bona fide resident of New Jersey, and has lived here for the past year, you could have a Complaint for Divorce filed in New Jersey. Your question does not specify the town in which your husband lives.  My firm's offices are located in Morristown, NJ (Morris County).  If you would consider retaining our firm to represent you, I would be happy to speak to you briefly by telephone, at no charge.  If you want to schedule a telephone call with me, please call us.  Our telephone number is 973-455-1220. Please leave a voice mail message 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.net), which contains a lot of helpful information.  No good lawyer can answer your question without more information, since every case is different.   Your question does not specify the town in which you live. My firm's offices are located in Morristown, NJ (Morris County). If you would consider retaing our firm, I would happy to speak briefly with you over the telephone at no charge, to get more facts.  Our telephone number is 973-455-1220. Please leave a voice mail message 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.net), which contains a lot of helpful information.  You don't ask any question in your posting.  I presume that you have filed a Complaint for Divorce without a lawyer, and you are looking for some help.  I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her practice to New Jersey Divorce and Family Law matters. 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).  If you want to schedule a meeting with me, please call us.  Our telephone number is 973-455-1220. Please leave a voice mail message 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.net), which contains a lot of helpful information.  Even if you are not on the documents to the house, you may be entitled to something. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If your location is such that you would consider having our firm represent you, I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message 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.net), which contains a lot of helpful information.  Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If your location is such that you would consider having our firm represent you, I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message 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.net), which contains a lot of helpful information.  Your question is not clear.  The answer will depend on knowing more facts.   My firm's offices are located in Morristown, NJ (Morris County).  I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message 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.net), which contains a lot of helpful information.  You may not have to come back to NJ at all, if your ex-husband will sign what is called a Consent Order, allowing you to resume your prior name.  There should be no reason why he would refuse to do this, because there is no downside to him.  Your question does not specify the county in which you were divorced.  If you e-mail me and let me know the county (and also confirm that your ex-husband would sign the Consent Order), I would be able to tell you what our charge would be to get it done.   My e-mail address is dfs@salvaggiolaw.com. ... 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.net), which contains a lot of helpful information. If your husband filed for divorce, you would have had to be served with a copy of the Complaint.  Call back the insurance company right away.  Let them know that your husband is in the Navy, that you know nothing about any divorce, and that the insurance company needs to fax or e-mail you a copy of the "divorce decree" that they say is in their file.   CONFIRM YOUR REQUEST IN A LETTER, WHICH YOU SHOULD SEND BY E-MAIL, FAX AND CERTIFIED MAIL RETURN RECEIPT REQUESTED, so that the insurance company cannot say that it did not get your request.       Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  If your location is such that you would consider having our firm represent you, I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message 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.net), which contains a lot of helpful information.  The date of the "dissolution" of a marriage is always the date when a Judgment of Divorce is entered.  However, I thnk that what you are really asking is: "What is the cutoff date for equitable distribution?  In other words, do we look at what assets and debts we had as of the separaton date, or what assets and debts we have now (because that is usually idfferent)?  Given what you have said, in your situation the answer should be WHAT YOU HAVE NOW, since you have been "acting" as though you have been marrried for the past 3 years, by not separating any of the assets, debts, income, etc.   You are not legally required to have a lawyer represent you in a divorce, although it is always better to have one. At the very least, I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her practice to New Jersey Divorce and Family Law matters, 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).  If your location is such that you would consider having our firm help you, I am willing to have a brief personal phone call with you (at no charge).  You can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. Please leave a voice mail message if I am not available to speak with you when you call.... Read More