New Jersey Divorce Legal Questions

If you do not get the paperwork you are entitled to you can try sending the court order to the insurance company and see if they will provide you with the proof independent of getting it from your ex.  you can also file a motion to enforce judgment, and its fairly simple.  You can find the forms on the New Jersey Judiciary website.... Read More

You can file for divorce with out a lawyer.  You should consider the pro se packet.  It is available on the New Jersey Judiciary website.  All of the documents you need are in that packet.   Please negotiate with spouse on how the assets will be divided, and get that in writing, and then try to complete the divorce forms. The Legal Services of New Jersey (LSNJ) does offer pro bono (indigent representation) service, and often have seminars to assist pro se (representing yourself) litigants in the divorce process.  You can call them and see if you qualify.  Best of luck during this difficult period. Contact me at your earliest convenience.  ... Read More

you can always try to negotiate the fees, but please understand that the lawyer probably gave you an hourly rate, and the fees represent all of the timethat the lawyer worked on your case, and was therefore not working on other cases.  the fee represents not just the hours, but also the commitment to complete your matter.  If you owe that much in fees, it means the lawyer has been working without pay this whole time.   ... Read More

It is possible that you will technically owe support and allimony, but if all the parties were living together under the same roof, you can apply to the court to have that waived as not being applicable.  you should have proof as to the dates on which everyone was back together and when child support/alimony should start again. ... 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. Although my firm's offices are physically located in Morristown, one of our lawyers lives in Somerset County and the firm represents a lot of clients in Somerset County.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  Many people try to "save money" by foregoing the advice of a good New Jersey Family Law attorney.  They certainly have the right to do that, but in my many years of experience as a lawyer who devotes my entire practice to New Jersey Divorce and Family Law matters, I have seen that strategy result in the loss of a lot more money than what good legal advice would have cost.        Therefore, I offer what is called an Assessment, in which I will go over the person’s situation in detail, answer his/her questions, and give that person guidance as to the best course of action. Typically, the Assessment lasts about an hour.  The cost is $450. I would be happy to schedule an Assessment as soon as you are available.  Please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the Assessment.... 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: If your husband moved out 5-6 months ago with his belongings, he should not be able to return to the house whenever he wants.   Many people try to "save money" by foregoing the advice of a good New Jersey Family Law attorney.  They certainly have the right to do that, but in my many years of experience as a lawyer who devotes my entire practice to New Jersey Divorce and Family Law matters, I have seen that strategy result in the loss of a lot more money than what good legal advice would have cost.        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, I offer what is called an Assessment, in which I will go over the person’s situation in detail, answer his/her questions, and give that person guidance as to the best course of action. Typically, the Assessment lasts about an hour.  The cost is $425. 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 and wish to schedule an Assessment, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the Assessment.... 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: Yes, that is the STARTING POINT.  However, each case is different, and there may be individual variations depending on the precise facts of each case.  It sounds like you may be trying to "save money" and get the QDRO done without the advice of a lawyer.  You certainly have the right to do that, but in my many years of experience as a very experienced lawyer who devotes my entire practice to New Jersey Divorce and Family Law matters, I have seen that strategy result in the loss of a lot more money than what good legal advice would have cost.         I offer 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 about an hour.  The cost is $350. 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 and wish to schedule an Assessment, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the Assessment.... 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.  Your question is unclear.  Are you asking: (1) How long will it take to divide marital assets?  Or are you asking: (2) What is the date of valuation that the court will use when dividing marital assets?  (In other words, if there is $1,000 in a bank account when the Divorce Complaint is filed but there is only $500 in that same account when the divorce is granted, which value will the court use?).    No good lawyer will be able to answer your question without that clarification.  I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her entire 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. I do not believe that you should choose a lawyer, just because he or she offers a "free consultation" in his or her office.  A good lawyer's advice and guidance has real value--and that lawyer deserves to be paid for taking the time to meet with you and give you that advice and guidance.   Therefore, I offer 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 about an hour.  The cost is $350. 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 and wish to schedule a meeting, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the Assessment.... Read More

What your mother signed was an agreement to be separate from bed and board but from what you said it was not a court order, or a judgement.  I don't think it will have any force or effect, and that on your father's death, your parents would still be considered legally married.  If your father died without a will, she may still be entitled to inherit a portion of his estate. ... Read More

You can easily look up the deed on the county clerk's website for the county in which the property is located.  If at the end of the year, your name has not been removed, you can file a motion to enforce litigant's rights.  This is something you can do without an attorney. Good luck !  ... 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 reality is that, a lawyer's "product" is his/her legal advice/representation, and a good lawyer will need to be paid for that advice/representation.  If your boyfriend does not have money and does not qualify for legal aid, he will have to try to represent himself.  I cannot speak to whether I agree with the lawyer who gave your boyfriend a free consultation, because I would need to first do an Assessment (meet with your boyfriend and get a complete factual picture).  I charge $450 for an Assessment.      ... 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: That person cannot file for divorce in NJ until he/she has been a bona fide resident of NJ for at least a year--EXCEPT if the cause of action for divorce is adultery.    Your question does not specify the town in which the person lives.  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 the person lives in one of those counties and wishes to schedule a brief, confidential telephone call with me, please have the person call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call. What the person tells me remains confidential and there is no charge for the call.... 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: If your brother divorce in NJ, your brother's wife is entitled to "equitable distribution" of the MARITAL PORTION  of your brother's pension--and vice versa.  The "marital portion" is the part of the pension that has been earned from the date of the marriage up to the filing date of the Divorce Complaint or such other "end date" to which they agree.  "Equitable distribution" does not automatically mean half.  If both your brother and his wife have been working for the post office the entire marriage, it is very possible that the marital portion of each pension would be valued, and if one value is higher than the other, there will probably be some sort of offset against another asset.  I believe that your brother should meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.     He should 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. I do not believe that he should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office.  He should go to the best lawyer that he can--hopefully one that will take the time to talk to him personally on the phone before coming into the office, so that he can be sure that he ise completely comfortable with that lawyer before he meets in person. Your question does not specify the town in which your brother lives.  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 he lives in one of those counties and wishes to schedule a brief, confidential telephone call with me, he should call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call. What he tells me remains confidential and there is no charge for the call.... 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 you have been a bona fide resident of New Jersey for at least a year, you can get a divorce in New Jersey.  You simply have to be able to provide a current address for your wife, or if you do not know that, at least the town in which she lives, or if you do not even know that, her last know address.  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 and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call. What you tell me remains confidential and there is no charge for the call.... 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:  If there is a genuine dispute between the parties as to custody of the children, a New Jersey Family Court Judge will resolve that dispute by determining what is in the "best interests" of the children.  Pursuant to N.J.S.A. 9:2-4(c), the Judge shall consider but not be limited to the following factors: the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody and any history of unwillingness to allow visitation not based on substantiated abuse; the interaction and relationship of the child with its parents and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the age and number of the children. 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 and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call.  What you tell me remains confidential and there is no charge for the call.... Read More

You need to send a written list of questions (called interrogatories) and a written list of documents that you want (called a Notice to Produce).  These two sets of requests have to be served on the other party by either sending an acknowledgement that they sign and return or by sending them certified mail with return receipt requested. ... 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: NO--BUT... When a lawyer who has previously represented a client in a New Jersey Family Law matter is asked to provide his/her file to the client's new lawyer, the previous lawyer must do so.  However, the previous lawyer is entitled to retain a copy of all documents, and the previous lawyer is entitled to be paid for the duplication costs (as well as any delivery costs, if the file needs to be sent to the new lawyer).   In addition, some Retainer Agreements provide that, if at any time the lawyer is required to retrieve a file from storage, the lawyer must be paid a retrieval fee, because the lawyer has to pay rent for a storage facility.     It is the responsibility of the CLIENT--not the new lawyer--to pay these fees. (Very often, however, the new lawyer will offer to advance the fees on behalf of the client, in order to expedite the transfer of the file.  Good lawyers will always provide clients with copies of documents during the course of the representation, and if the client keep those copies, it may not be necessary for the previous lawyer to provide the new lawyer with the file.  At the end of a lawyer's representation, the lawyer is required to return to the client an ORIGINAL documents supplied to that lawyer from the client (unless the client asks the lawyer to keep them), so the client should be able to provide those documents to the new lawyer.   Hopefully, that answers your question. ... Read More