New Jersey Divorce Legal Questions

The basic answer is "yes, depending on the circumstances." More information is needed, because an early retirement doesn't always qualify. Levels of social security payments, and distribution of any retirement accounts, will also matter. Lots of things affect an application for changed circumstances. Edward Zohn, Attorney at Law, 908.791.0312... Read More

Thank you for your question. As long as the funds are kept separate and not mingled with or changed into marital property, it will belong to you.  I suggest that you contact an experienced attorney who can analyze your situation and give you advise on how to protect your rights. I hope this information was helpful to you.   ... Read More

Thank you for your question.During the divorce proceeding, the marital status quo must remain the same.  This means that any expenses that your husband were paying, he must continue to do so.  If he stops making payments towards your marital expense, you can file an application with the Court forcing him to continue same.  I suggest that you contact an experienced attorney who can analyze your situation and give you advise on how to protect your rights.  I hope this information was helpful to you.... Read More

Thank you for your question.In divorce matters, parties generally pay their own attorney’s fees.  If she does not have the funds to pay her attorney, the Court may direct you and her to sell or mortgage assets and property in order to fund her litigation.  She can file an application with the Court requesting that you be responsible for her attorney’s fees.  There are many factors that the Court must consider when making a determination of a counsel fee award.  I strongly encourage you to schedule a consultation with an experienced family law attorney to discuss your matter.I hope this information was helpful to you.... Read More

Thank you for your question.  I know how worried you must be about the termination of your alimony.  The short answer is yes.  Both marriage applications and records are kept on file with the local municipality that issued either the application or the certification of marriage.  Additionally, there are both statutes and case law that govern your ex-spouses’ obligation to notify you of his/her remarriage and what implications there are if he/she does not notify you.  You should immediately contact an experienced family law attorney to protect your interests and ensure that your rights are preserved.   I hope this information was helpful to you.... Read More

Thank you for your question.  I know how worried you must be about the false statements made by your spouse regarding service of the divorce papers.  The short answer is that it is up to the Judge what penalties to impose if it can be proven that false statements were made.  Another consideration however is the filing of a Motion to lift the default divorce entered against you based upon the false statements so that the Judge can “reopen” the divorce case.  There are limited circumstances under which such a motion can be filed and strict timelines for filing such a motion.  You should immediately contact an experienced family law attorney to protect your interests and ensure that your rights are preserved.     I hope this information was helpful to you.... Read More

If you are going through divorce proceedings, he is obligated to continue to maintain the ‘status quo’ of the marriage until the divorce is final. That means that he has to continue to pay all expenses and continue all financial arrangements that occurred during the marriage. It sounds as if he is not willing to do this voluntarily. I suggest consulting with an attorney regarding this. Applications to the court can be made to compel him to continue the status quo. ... Read More

Thank you for your question.Yes, it is possible to seek enforcement of a divorce agreement if it was not followed. However, if too much time has elapsed the Court’s may be unwilling to address the issue. In any event, you may have recourse to address certain aspects of the agreement if they have not been followed. Based on your circumstances, I would suggest contacting an experienced family law attorney to address your specific concerns. I hope this information was helpful to you.... Read More

Thank you for your question.As part of a divorce it will need to be determined what will occur with the home. Regardless of whose name the home is in, if it was purchase during the marriage with marital funds, it is a marital asset that will need to be divided. In some cases, one party may wish to keep the home and buy out the others interest. Generally after this occurs the party that maintains the home is responsible for the costs. In other situations, neither party may be able to afford the home and it will need to be sold with the proceeds to be split. Based on your circumstances, I would suggest contacting an experienced family law attorney to address your specific concerns.I hope this information was helpful to you.... Read More

Thank you for your question. I understand your concerns as it relates to a divorce. In New Jersey, the filing of a bankruptcy does stay a divorce in the sense that the distribution of debts cannot occur until the finalization of the bankruptcy. In any event, your Wife can still seek information as it relates to records. As part of the divorce there is a period of discovery where both parties are entitled to obtain information from the other party to assist in resolution. Whether or not this leads to information that is relevant is another issue. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.I hope this information was helpful to you.... Read More

Thank you for your question. I understand your concerns as it relates to a divorce. This State recognizes “no fault” divorces meaning that the cause for divorce is not the fault of either party. In order to be divorced in NJ all that needs to be proven is that there has been six months of irreconcilable differences that caused the breakdown of the marriage. In essence, one spouse simply needs to prove that there has been differences between the parties and that it is unreasonable to continue as husband and wife. As a result, a divorce is imminent if another party files. However, there are a number of issues that need to be resolved in a divorce such as distributing marital assets and liabilities, custody (if there are children), support, and other items of importance. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns. I hope this information was helpful to you.... Read More

You are still legally married so you can file Married-filing Jointly or Married-filing Separately. You should consult with your accountant as to whether which filing results in a larger refund, or lower amount owed, and then discuss with your spouse which way is best to file and how the refund/amount owed will be split between the two of you. If you and your spouse are not on good enough terms to work this out yourself than I suggest you consult with a divorce attorney and the attorneys can work this issue out. Either way you should start considering consulting with and restating a divorce attorney to represent you in your divorce. ... Read More

You should take a look at your divorce agreement to see exactly what you both were entitled to and to see if you have any recourse. The agreement should list the retirement assets and who gets what. My recommendation would be to take your agreement to an experience divorce attorney for a consultation as to what your rights are and how to proceed. ... Read More

Hi Michelle, Thank you for your question.  I know how worried and frustrating it can be when a divorce is dragged out.  A skilled and experienced divorce attorney can ensure that your divorce case moves forward as quickly and as fairly as possible.   Many factors determine how long a divorce can take, including the issues involved, what county has venue, what Judge is assigned to the matter, how obstreperous your soon to be ex-wife is being, and the number of other cases on the court docket.  There are however many tactics a skilled divorce attorney can use to navigate through the complex divorce process to ensure that even the most complicated of divorce cases proceeds as expeditiously as possible.  Zealous representation by a seasoned divorce attorney to protect your interests and ensure that your divorce does not “fall in the cracks” and get put on the back burner is the best way to ensure that your divorce keeps moving forward to a final and fair resolution.  I understand that you need answers and need to protect yourself.  Our firm offers free consultations and I strongly encourage you to schedule one.  In meeting with one of our family law attorneys, you will get answers to your questions and immediately feel more informed about your situation and your options.  Please send me a private message with your information so that we can be in touch or call our offices at 888-888-0919.  Regards, Bari... Read More

There is no specific rule about how far back one can ask for financial information. Request is trying to ascertain you income. But if you "separated" in 2010, how could she live in the house until 2016? If she still lived in the house, that's not separation. Edward Zohn, Attorney at Law, 908.791.0312... Read More

Thank you for your question, I will be happy to assist. Adultery is grounds for divorce in NJ, however, it will not impact the overall outcome of the distribution of marital property unless there were dissipation of assets that benefited the adulterous relationship. At the end of the day, the divorce can still be granted for adultery, but your property will still be equitably distributed. It would be wise to contact an experienced family law attorney to answer any specific questions that you may have. ... Read More

Thank you for your question, I will be happy to assist. Upon the finilization of your divorce you will receive a Judgment of Divorce, make sure to keep that documents in a safe place in the event you need it in the future. Generally, when you remarry, you will not need to provide proof that you are divorced, you just simply need to be legally divorced. So long as the divorce is complete prior to your new marriage, there is nothing else you need to have done. However, should you have seperate properties that you receive as part of the divorce, it would be wise to contact an experienced family law attorney to discuss the benefits of a prenuptial agreement.... Read More