Divorce Legal Questions

Thank you for your question. I am sorry that you find yourself in this situation. Your ex-spouse would generally speaking, be responsible for the alimony payments absent a substantial change of circumstances from the time the Judgement was entered. I recommend that you consult with a family law attorney to discuss your rights and options in filing an enforcement motion and garnishment proceeding. ... Read More

Thank you for your question. I am sorry that you find yourself in a confusing situation. Generally, assets that are obtained during the marriage that are not from a third party gift or inheritance or from pre-marital monies, would be subject to being divided between the parties. However, more information would be required to evaluate your particular circumstance. I would recommend that you consult with an experienced divorce attorney to ensure you are fully aware of your rights and responsibilities.... Read More

Short answer:  yes.  Long answer: it depends on what you wish to accomplish; it is also unclear who lives where, at least as to the children.  The Nevada court can dissolve the marriage, but it is clear that there are other issues, including child custody and support.  Look at the materials posted here and here, and probably check out the pages on Divorce, Property, and Spousal Support, and then especially the article "The Basics of Family law Jurisdiction" (on both the Child Support and Child Custody pages), and then call, ask any preliminary follow up questions, and consider scheduling a consultation to go over all of your facts circumstances, rights, obligations, and options.... Read More

Dear Anonymous:      You can file for divorce in Florida to simply just get the legal divorce (without division of property, and assuming no children) once you have resided in this state for over 6 months.  If you cannot find your husband you can do an affidavit of diligent search,  and here is a link to that form which explains how to do this.   https://www.flcourts.org/content/download/403106/file/913b.pdf      Thereafter, after the legal notice is published, you will be able to get your divorce.      Hope this helps.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.       ... Read More

Dear Mr. Pough:      Congratulations!  You are on the right path in trying to amicably work matters out in your divorce.  However, the devil is always in the detail.  It seems like you both agree on the essential terms.  It might be beneficial if you go to mediation without counsel, have an agreement drawn up and then you both take it to separate lawyers to have it reviewed before you sign same.   Remember, you don't want to be "penny wise and pound foolish" as the expression goes. And once it is signed, you typically cannot  then argue that you want to change it because you didn't get advice before signing it.      The mediator is not permitted to give legal advice, and I always think it is important for a person to know what the law says about all aspects of a settlement so an individual can determine if they are still comfortable with the agreement. Also, when it comes to division of  retirement accounts, that sometimes gets a bit tricky to effectuate what you intend to do to make it legally binding, and in those cases an attorney's advice  is certainly helpful.   Best of luck, Cindy S. Vova, Law Offices of Cindy S. Vova, P.A.  ... Read More

Thank you for your question. Given the short term of your marriage alimony is not really an option for you. As to the assets you may be entitled to a percentage of the marital assets you and your husband acquired during the marriage. However since you have not lived in NJ for a full year and are now back in Canada you do not have jurisdiction to file for divorce in NJ unless your Husband has resided in NJ for a year or longer. You would benefit from scheduling a video or phone consult with a family law attorney to discuss your options. ... Read More

You have 30 days from the date of service to file your response to the Summons and Complaint. You should file a response even if you believe there are not many issues to negotiate so that you preserve your rights, and this gives you the opportunity to file any counterclaims that may apply in your case. Mediation is required for any family court proceeding before going to a final hearing, so you will have a mediation on your case unless you can negotiate an agreement to divide up the marital estate prior to mediation.... Read More

Typically not without a subpoena or through discovery process in a divorce proceeding, as those companies usually do not give out information voluntarily to non-accountholders. If you have other concrete evidence that gives you reason to suspect a mistress, you may be able to file for an at-fault divorce based on adultery.... Read More

The Judgment of Divorce determines the split. The bigger issue at this point is why a QDRO has not been entered yet. That should have been dones years ago. This is an good example of how trying to save money can end up costing you considerably more in the long run. The QDRO needs to be entered promptly. Also, QDROs are complicated documents that should be drafted and explained to you by an expert.... Read More

Dear Anonymous:         Typically, one who is obtaining an interest in real property does not sign the deed.  Signing a deed usually means that the signer is conveying her interest in the property to someone else.  It is possible that the closing agent/title company wanted you to sign the deed so that you did not try to claim any interest in the property in the future since you were (I believe) living in the property.  However, without actually seeing the deed I cannot tell what documents you have signed or in what capacity (grantor or grantee).          Hopefully you did not sign a note and mortgage, as the note would make you liable for payment of the note/mortgage.   I suggest you look at the documents carefully to see in what capacity you signed.         However, if the deed reads that you are a "grantee"then you would own an interest in the property.         I hope this helps!   Best wishes, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.      ... Read More

The most recent NJ Appellate Court decision on this issue is Mandelbaum vs Mandelbaum, where the husband claimed that the parties were not properly married and therefore wife was not entitled to benefits of their 20+ year marriage. The trial and the appellate courts disagreed with the husband and said that a court of equity will not permit the husband to disavow wife's entitlement to the benefits of their marriage ( ie alimony, equitable distribution, etc). The fact that your husband wants to annul your marriage does not mean that you have to agree to it. My suggestion is that you have a consultatoin with a family law specialist to discuss your rights. If you would like to schedule a consultation with one of the partners in Diamond & Diamond, please call Angela at 973-379-9292 to arrange it.... Read More

Generally, there is no requirement that an agreement is notarized to be legally binding.   Unless there is a statute specifically requiring that an agreement be notarized, the agreement between the two of you would appear to be valid and enforceable.  You are seeking legal advice.  Lawyers.com offers general information and not legal advice. You need to consult with an experienced family lawyer in your area to discuss all of the facts that are relevant and explore your options, which may include enforcement of the agreement.    Most lawyers charge by the hour for consultation.  Therefore, when contacting a lawyer to discuss your rights, you need to discuss fees and costs to avoid any confusion or misunderstanding.  Best of luck~ ... Read More

Good morning, Trisha:   I am assuming that you had a settlement agreement and that the judge entered the divorce based on the settlement agreement?  A failure to initial one page should not void the divorce.  However, it could create a problem with enforcing the settlement, if one party states that they did not see that particular page.  The best thing to do is ask the other party to initial it and refile with the Court the fully initialed copy with the Court. If the party will not initial you can have a hearing before the Court and ask the Court to have it initialed.  Usually when a page is not initialed it is because someone just missed it.  So it is better to get it fixed now than wait until a potential problem occurs. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward-Miami-Dade- Boca Raton ... Read More

Dear Anonymous: Typically one has to live in Florida at least 6 months prior to filing for divorce. You do not state why you are overseas, but if you are in the military you can contact an attorney in Florida, and if you have maintained Florida as your domicile and your spouse lives  in Florida then the case can proceed here. Jurisdiction (where a case is filed) can be tricky so one would really need more facts.  You don't way why you want to file in Florida, as that would have a bearing as well. Unfortunately, that is the best I can provide with the information supplied.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A.      ... Read More

Lawyers.com offers general information and not legal advice.  You need legal advice and need to consult with an experienced family lawyer in your area to discuss your case in greater detail. Most lawyers charge by the hour for an initial consultation, therefore, you need to discuss fees and rates before scheduling a meeting.  Best of luck~... Read More

Short answer: "no."  His rights stem from whether he has a legal claim to the location, not his marital status to you.  If he is not on the lease, simply do not let him in.  If he has a key, you can change the locks (if permitted by your lease).  If the situation is that confrontational, however, you might be better served by a temporary protective order or an order for exclusive possession issued in a divorce action.  Either way, it is probably wise to consult a family law specialist.... Read More