New Jersey Divorce Legal Questions

If you are divorced in Dominican Republic there are no further steps to validate the divorce in NJ unless the divorce in DR did not require notice to your ex. In which case, if there was no notification of a divorce in DR and your ex spouse didn't have the opportunity to resond then he or she could contest it in NJ.... Read More

I cannot answer your question without more information, especially as it seems as if your answer was cut off. Off hand, if she signed an agreement (Property Settlement or Marital Agreement) accepting 20% of your 401k that should be all she is entitled to unless she can prove things like fraud, or that you withheld information.... Read More

Ordinarily anything that you gain as an asset or a liability after filing for divorce is no longer considered marital property. So while money that you are putting up toward the house may or may not have been equitable income, the house itself is being purchased post date of the complaint and would not be subject to a claim.... Read More

You should ask your own lawyer if you have one. If you do, you could seek attorney's costs from your wife. However, lawyers have many reasons to ask for adjournments that may not have anything to do with trying to "over charge" you. I don't know if you are paying for your wife's lawyer, or you are referring to extra money you have to pay your own attorney, or simply complaining about missing time from work.... Read More

You remain married and would still be covered under a family plan through the spouse's employer (although you don't mention if the divorce is proceeding under NJ laws or under PA laws, which may have different laws). She would have to change a plan from family to single coverage and if there are children covered under her plan, she would not be able to do that. If for some reason she does try and remove you, you could possibly file a complaint for temporary coverage until the divorce (it is called a motion for pendite lite).  ... Read More

If you were disabled before you were married then that was part of your condition at the time of your marriage. So presuming that your husband supported you and you were on disability that would be part of your marital status and would not serve in any way to prevent you from applying for alimony. Disability would only be a shield if he were applying for alimony from you.... Read More

You have the absolute right to fire your attorney. Then it becomes the attorney's responsibility to file a motion to be relieved, or, in the alternative, simply sign a Substutition of Attorney form to a new attorney. Please contact me if you need help. Edward Zohn, Attorney at Law, 908.791.0312... Read More

This question is unclear. If there was no claim for alimony when the divorce judgment was filed, then that is waived, meaning you gave up your right. If alimony was included in your judgment, then you may need to file a motion to enforce the judgment to collect what you were entitled to. Hopefully you did not give up your rights to alimony.... Read More

No easy answers to both of your questions. Generally, spouses have a marital right to stay in a marital home independent of the record owner of the property. Legal separation is similar to what NJ calls "divorce from bed and board." If you want a consultation, please call. Edward Zohn, Attorney at Law, 908.791.0312... Read More

You cannot deny a legal proceeding in New Jersey for someone to file for divorce, although possibly for annulment if you can prove that the marriage was legitimate. Of course, I am not sure why you would not want a divorce. The only way that you would be able to prevent a divorce petition being filed in New Jersey would be if you were to file a petition for divorce or annulment in India. But that doesn't seem practical. Also, you state that you were left in NY. In order to file for divorce here in NJ you would have to prove residence for at least one year in the State in order to file a divorce in NJ. The same would be true for your husband if he decided to file for divorce.... Read More

Wife can get a divorce, but you have rights too. You can file for custody (shared or sole custody) of the children. You can file for temporary support and for a temporary order on custody, visitation and child support, including support for yourself if you are unemployed. But you will likely need to have an attorney, because this is not something to do on your own.... Read More

I am not sure what SL refers to. I presume you are talking about filing divorce in NJ. Husband or wife can only file for divorce if the party has resided here for at least a year before filing a complaint. If wife has lived her for more than a year, she could file, but the husband would not be able to file if he is residing in Canada. ... Read More

I am not exactly clear on what you are writing but he cannot get an expart divorce in the United States, and certainly not in the state of New Jersey.  He would have to notify you that you are being sued for divorce so that you can press whatever claims you may have (support, equitable distribution of property, and so on). However you cannot stop the divorce itself, you can only ensure that your interests are represented. If you asking whether he can divorce you in Delhi, India, that is only for an Indian attorney to answer.... Read More

This is still the marital home and thus, absent some written agreement or court order otherwise, she has the same rights to the house as you do. As to guests, again, this is still both your homes, so, although I don't think she can restrict who comes to visits, she may have a say in to who has access to the home. However, she has no right to touch or move your property or your guest's property. I would suggest that you discuss with your attorney that a written use agreement be prepared that outlines your rights and her rights to the house. Since you are paying the bills, she should not really have rights to say who lives at the house in her stead. But you may need to go to court to have an agreement fashioned if the wife does not cooperate.... Read More

Yes, you can file for an uncontested divorce in NJ as long as you have resided here for more than a year and as long as there have been more than six months in which you had irreconciable differences. You will have to make sure that your spouse is served in NY with a copy of the complaint once it has been filed.... Read More