New Jersey Divorce Legal Questions

More information is needed. However, generally under New Jersey law, it does not matter whose name is on the deed or mortgage. If the property was gotten during the marriage, it can be subject to equitable distribution. Equitable means fair and therefore not necessarily 50/50. Again, more information such as which of you contributed what to the property needs to be analyzed.... Read More

In NJ, there are some form interrogatories that are set by Courts, such as for personal injury and some other cases. However, in divorce interrogatories there are no prescribed limits and can be as long or as short as the situation demands. However, if the questions are unduly burdensome, complicated, unclear or irrelevant, your attorney can object to those specifically that are not clear. However, you cannot ignore the interrogatories, but must answer those you can and object to those that you have reasons to object to. I have seen interrogatories with over 100 questions, and my usual response is to send the other attorney my own client's interrogatories with the same questions and let them argue that they are burdensome or unclear.... Read More

Depending upon court schedules, many courts are backlogged in Family Court cases. As mentioned, you can certainly serve discovery demands and interrogatories upon the spouse without having to wait for a court case management order. If there were no issues between you and your spouse for things like child support, alimony or equitable distribution of property, you may seek to have the court list your case as an uncontested divorce which does not require a case management conference as there would not be issues of discovery. However, not having an attorney for these types of matters is always a risk.... Read More

When you fill out the case information statement with your divorce complaint and other filings with the court during the divorce proceedings, each party has to list their assets as well as liabilities. Under contingent liabilities, ongoing lawsuits are among the sources of potential income that should be listed. If the accident and lawsuit arose during the course of the marriage it is a potential source of income. As Ms. Anderson mentions, this would be for lost income and things like medical expenses, but not necessarily for something like pain and suffering.... Read More

I am not sure why the judge as you say "did nothing." Either a judge will grant or deny a motion unless they stated that they are reserving decision or need to schedule an additional hearing. If you did not have an attorney I suggest you do so. Probation should also be able to assist you if alimony is being paid through something like wage garnishment. Your ex cannot just decide to lower his payments. There are court enforceable remedies for non-payment like license suspension, suspension of passport privileges (which happens when arrears are over $5,000.00) and even jail. ... Read More

The grounds for an annulments are as Bigamy, duress, Nonage  (meaning the person was underage), incapacity, iImpotence, incest and fraud.   In order to get an annulment, you must be able to meet one of those criteria.  There are forms available on the New Jersey Judiciary website that will walk you through filing for an annulment for yourself if you meet one of those criteria.... Read More

In order to stop or adjust alimony payments, it is your burden to prove to the court that there is a significant change in circumstances since the order for alimony was entered. A job loss or reduction in salary more often than not is seen as a "temporary" change and would probably not move the court to stop your alimony. Retirment, however, is a permanent change in circumstances that should trigger the end of alimony.... Read More

In New Jersey, custodial parents receiving child support are not required to account for how they use the support payments received.  The attorneys at Weinberger Law Group offer a free one-hour initial consultation in the event you have more questions concerning child support, custody, parenting time or other family matters.  For your convenience, the consultation can be telephonic or in person.  Should you have additional questions, call (855) 826-4394 today to schedule your appointment.  ... Read More

My name is David Salvaggio.  I head a law firm which devotes its entire practice to NJ Divorce and Family Law matters.  There is no clear answer to your question.   In New Jersey, the process of allocating assets in a divorce is called "equitable distribution." The court is required to evaluate 15 different factors which are listed in the New Jersey Equitable Distribution statute.  You really need to meet with a lawyer who has many years of experience and devotes his/her entire practice to NJ Divorce and Family Law matters.  You should 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.  It will be well worth the investment.  Please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be happy to schedule the meeting.      ... Read More

First, thank you for your service. There are options available to persons who cannot afford a private attorney, including Legal Services of New Jersey.  You may call the local office in the county where you live to inquire whether or not you will be able to obtain their services. The below websites may also be informative. https://www.lsnj.org/GetLegalHelp.aspx?Span=ObtengaAyudaJuridica.aspx&Eng=GetLegalHelp.aspx https://www.lsnj.org/LegalServicesOffices.aspx Another option is to call the family court in the county where your case is being adjudicated to request a telephone number for the local lawyer referral service. Another option is to contact the Bar Association in the county where your case is being adjudicated to inquire whether or not the Bar Association can refer you to an attorney who would be willing to represent you at a low or now cost basis. Another option is to retain an attorney on a limited basis for the purpose of assisting you "behind the scenes," that is, to be available to answer your questions and assist you with drafting documents, but not to negotiate with the other party or to appear in court on your behalf. Given the issues at stake, you may consider borrowing the funds to retain an attorney to represent you. The attorneys at Weinberger Law Group offer a free one-hour initial consultation.  We are available to speak with you about your concerns and other options that may be available to you.  Call today to schedule your initial consultation - (855) 548-1544.... Read More

Review the terms of your Judgment of Divorce and/or Settlement Agreement.  If the QDROs are not in accordance with the terms of your Judgment of Divorce and/or Settlement Agreement, you may ask that the QDRO preparer edit the QDROs.  There are several stages to the process of preparing a QDRO, if the QDRO has not been signed by a Judge yet, you may be able to edit it prior to the Judge signing it and it being sent to the Plans for execution.  If necessary, you may need to file a Motion to ask the Court to enter an Order permitting the QDRO be amended to conform with the terms of your Judgment of Divorce and/or Settlement Agreement.  The attorneys at Weinberger Law Group offer a free one-hour initial consultation.  During the consultation, we will be able to gather pertinent information from you and address your concerns more specifically. Call today to schedule your free initial consultatoin - (855) 548-1544.... Read More

Once served with a Complaint for Divorce, you have 35 days to file an Answer, Counterclaim or Appearance.  Because your husband filed in Passaic County, that is the venue for the divorce proceedings.  You will need to file your Answer, Counterclaim or Appearance with the Court in Passaic County.  Review the Summons carefully.  The address of the Court where you need to file your responsive pleadings should be listed on the Summons. The attorneys at Weinberger Law Group offer a free one-hour initial consultation.  We are available to review the Complaint for Divorce with you, explain the divorce process and discuss your next steps.  We can also discuss with you options for requesting that your case be transferred to a different venue if Passaic County is not the appropriate venue.  Call today to schedule your consultation - (844) 260-4133.... Read More

This is not a question that can be answered here.  You have many issues going on including custody, support, alimony, marital assets.  You really need to meet with an attorney for a consulation about all of these issues.  If you are in Ocean County, call my office and I will help you.  ... Read More

Its hard to answer based on the information you provided.  If the firm represented you and they are holdilng onto money you are entitled to, they might try to resolve the matter by making you let them keep the money to satisfy the fee.  The firm can't "force" you to agree to that unless they have filed some kind of collection action and gotten a judgement against you.  ... Read More

Contact the firm and find out where the lawyer went.  Call the lawyer and get confirmation that he/she has taken your case and will continue to represent you.  If you cannot get confirmation from the lawyer, call the firm, tell them about your case, and ask to speak to the lawyer that has been assigned to take over your lawyer's cases.  Good luck. ... Read More