New Jersey Divorce Legal Questions

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416 legal questions have been posted about divorce by real users in New Jersey. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
New Jersey Divorce Questions & Legal Answers - Page 8
Do you have any New Jersey Divorce questions page 8 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 416 previously answered New Jersey Divorce questions.

Recent Legal Answers

You should try to put your agreement in writing, and both sign it.  You can always file for no fault divorce, and attach the agreement to the complaint for divorce to show that everything is already distributed and decided.  You can go to the NJ Judiciary website and look for the pro se(representing yourself) forms for family law and matrimonial cases. Good luck !... Read More
You should try to put your agreement in writing, and both sign it.  You can always file for no fault divorce, and attach the agreement to the... Read More
    I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is:  As long as your wife has been a bona fide resident of the State of New Jersey, you can proceed with a divorce in this State.  You do not have to come to New Jersey in order to start the process.  Your first step should be to call a lawyer who has many years of experience and devotes his/her entire practice to New Jersey Divorce and Family Law matters.    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, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  I will be happy to have a brief phone call with you--at no charge of course--to get more facts.     ... Read More
    I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that... Read More

I am moving to Nevada from Jersey, wife & I separated 11 yes ago. Can I divorce her from Nevada. No kids. I'm on SSI.

Answered 9 years and 11 months ago by Cassandra T Savoy (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
To grant a divorce, the court must have jurisidiction.  In New Jersey, to get jurisdiction, the court requires that you live in the state for at least one year before filing.  While I am confident that at some point you can get a divorce in Nevada, it may not be shortly after you arrive.  The second requirement is notice.  You need to serve your spouse in accordance with Nevada rules.  New Jersey requires "personal service."  This means that someone --not you--must personally give the summons and complaint to the defendant.  ... Read More
To grant a divorce, the court must have jurisidiction.  In New Jersey, to get jurisdiction, the court requires that you live in the state for at... Read More
He can certainly make a request that you leave, but he cannot "evict" you or kick you out.  If the house is a marital asset, purchased by both of you and used as the marital home, you will still be entitled to equitable distribution.
He can certainly make a request that you leave, but he cannot "evict" you or kick you out.  If the house is a marital asset, purchased by both... Read More

In which state should I find an attorney?

Answered 9 years and 11 months ago by attorney David Salvaggio   |   1 Answer   |  Legal Topics: Divorce
I have seen your question.   My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.    Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.    The answer to your question is:  Since you say that your divorce agreement was entered into in New Jersey, your first step should be to call a New Jersey lawyer who has many years of legal experience and devotes his/her entire practice to New Jersey Divorce and Family Law matters.  The lawyer you call should be willing to speak with you for a few moments, to get a basic sense for what is involved.  If you want to schedule a phone call with me, please call my Intake Coordinator Dara Vanderhoof at 973-455-1220.              ... Read More
I have seen your question.   My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes... Read More

Military Couple

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
I think you posted this before.  You can file in New Jersey if you both consider this your place of residence, meaning your driver's license, voter registration, income tax etc. is all New Jersey. 
I think you posted this before.  You can file in New Jersey if you both consider this your place of residence, meaning your driver's license,... Read More

i would like to sue my atty

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
You are probably out of time to sue.  Don't take the word of one person reading your divorce judgment so many years after it has been completed.  If you have not had any problems with the agreement, then consider it in the past and move on. 
You are probably out of time to sue.  Don't take the word of one person reading your divorce judgment so many years after it has been completed.... Read More

Can i file to modigy in NJ a Virginia divorce judgment?

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
You have to get the Virginia divorce authenticated and recognized in New Jersey.  It is consisdered a "foreign" judgment.  If your ex-spouse still lives in Virginia it might be better to modify the judgment in Virginia so that it is enforceable.  
You have to get the Virginia divorce authenticated and recognized in New Jersey.  It is consisdered a "foreign" judgment.  If your... Read More
The proceeds from the sale could be marital assets.  If you sold the businesses to your sons for a discounted price, there could be som e adjustment made for the true fair market value.  
The proceeds from the sale could be marital assets.  If you sold the businesses to your sons for a discounted price, there could be som e... Read More

Military couple

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
If you declare NJ as your state of residence, you should file in NJ.  if you have a NJ driver's license, pay NJ income tax, and have a voters registration in NJ, then file in NJ.  
If you declare NJ as your state of residence, you should file in NJ.  if you have a NJ driver's license, pay NJ income tax, and have a voters... Read More

How can i pay for a rent if i get divorced

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
You can ask the court for pre-divorce relief - its called pendente lite relief.  You will be able to get an order early in the divorce that will allow you to ask for rental assistance, child support etc. before you get divorced.  
You can ask the court for pre-divorce relief - its called pendente lite relief.  You will be able to get an order early in the divorce that will... Read More

My spouse resides in Jamaica, West Indies

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
If you know where your spouse lives, send him the complaint for divorce and a formthat he acknowledges he received the divorce complaint.  If he does that, then it does not matter that he lives in Jamaica.  The biggest problem you will have is proving that you served him with a copy of the complaint.  If you look on the New Jersey Judiciary website, you will find the forms.   ... Read More
If you know where your spouse lives, send him the complaint for divorce and a formthat he acknowledges he received the divorce complaint.  If he... Read More
What has to be paid and what doesn't have to be paid all depends on what was ordered, or what was agreed to in the property settlement agreement. 
What has to be paid and what doesn't have to be paid all depends on what was ordered, or what was agreed to in the property settlement... Read More

after a divorce can one of the party refuse to go to short sale

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
You can refuse, but its possible that the other party gets a court order to do the short sale without your consent. 
You can refuse, but its possible that the other party gets a court order to do the short sale without your consent. 

Where state do I file divorce?

Answered 10 years and a month ago by Edward Jay Zohn (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you have lived in NJ more than one year you can file here. Depending on PA's residency rules you may be able to file in PA as well. So there are more issues in addition to who lives where: where do children live, where was the marital home, where do you WANT to file, etc. Edward Zohn Attorney at Law Warren, NJ 07059 908.791.0312... Read More
If you have lived in NJ more than one year you can file here. Depending on PA's residency rules you may be able to file in PA as well. So there are... Read More

Can my ex-spouse ask for alimony because they suffer from bi-polar

Answered 10 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
It mught be the basis why that person's income is so low, and that therefore they quailify for support.  If they are unable to work becaus eof the disability, it might mean that they are entitled to support. 
It mught be the basis why that person's income is so low, and that therefore they quailify for support.  If they are unable to work becaus eof... Read More

How i do respond to an annulment complaint?

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
Just because there is an annulment request doen't mean that the other financial issues are not going to be resolved in the dissolution of the marriage.  You can file a counterclaim, asking for a divorce, and for payment of the monies owed to you.  
Just because there is an annulment request doen't mean that the other financial issues are not going to be resolved in the dissolution of the... Read More
There is a process you can go through if you do not know where the person lives.  you can use the forms found on the New Jersey Judiciary website.  If you file without an attorney it is called "pro se".  there is a whole packet of forms all grouped together that you can use. One part of it requires you to prove that you provided a copy of the pleadings to the defendant.  If you can't locate him you will have to indicate that you sent it to his last know address, that he lives out of the country, etc.  It will take you a bit longer but you can do it.... Read More
There is a process you can go through if you do not know where the person lives.  you can use the forms found on the New Jersey Judiciary... Read More

What is a default divorce in NJ

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
Default will be entered but it is not automatic.  You will either have to ask the court to enter default on the day of the next hearing, or you can  file something with the court before the January 25 deadline and indicate that the informaiton that was supposed to be provided was not and ask for default to be entered.  Serve a copy of this on your husband by certified mail, return receipt requested. ... Read More
Default will be entered but it is not automatic.  You will either have to ask the court to enter default on the day of the next hearing, or you... Read More

failure to comply

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
You really need to contact a matrimonial or family lawyer to help you sort out some of these issues by way of enforcement orders to get your ex-wife to comply with the existing orders.  If she "says" a judge told her something - she is wrong.  The Judge would have written an order, and just becuase you did not comply with child support doesn't mean she is absolved of paying the entire $150,000.... Read More
You really need to contact a matrimonial or family lawyer to help you sort out some of these issues by way of enforcement orders to get your ex-wife... Read More

betsy

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
There is not enough information here to answer the question.  You need to speak directly to the attorney that helped you with your divorce.  
There is not enough information here to answer the question.  You need to speak directly to the attorney that helped you with your divorce.... Read More

Legal terminology

Answered 10 years and 2 months ago by Cathy Lynn Naugle (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
I agree with the previous attorney's answer:  It's difficult to know exactly what has happened in your case. Unless the prior court order clearly stated that upon your former spouse moving from the residence she was in at the time of your divorce, you were allowed to immediately ireduce your spousal support payments to her by a certain dollar amount, if you simply arbitrarily began sending her less money after she moved, you may have "done something wrong" by violating the prior court order.  You didn't indicate what happened after the opposing counsel claimed your action was self-serving.  Did the judge make a ruling?  Is the matter still pending? In the mean time, I don't think you need to use any particular legal term to make your argument to the court.  IF the prior order is clear in its terms and is still in effect, just refer to the actual terms in the order that you believe give you the right to lower the child support. Cathy Naugle, Boise ID family law attorney... Read More
I agree with the previous attorney's answer:  It's difficult to know exactly what has happened in your case. Unless the prior court order... Read More

Do you deal with separation cases?

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Divorce
There really is no legal form of separation in New Jersey.  Mostly what happens is that a couple will separate in anticipation of divorce, and will need to sort out their rights prior to the divorce being finalized, like temporary support, or housing.  Any attorney that deals in family law will be able to help you with this.  If you are in Ocean or Monmouth counties, call my office and we can help you.  ... Read More
There really is no legal form of separation in New Jersey.  Mostly what happens is that a couple will separate in anticipation of divorce, and... Read More
That may depend on the type of pension and the terms of the divorce.  Call your pension admninstrator and ask that question.  Also, look through your judgment of divorce to see if there is any indication about how remarriage is dealt with.  
That may depend on the type of pension and the terms of the divorce.  Call your pension admninstrator and ask that question.  Also, look... Read More
There is nothing illegal about it.  There was no agreement without signatures.  She can certainly seek other advise, even from an attorney, and there is nothing unethical about it.  
There is nothing illegal about it.  There was no agreement without signatures.  She can certainly seek other advise, even from an attorney,... Read More