New Jersey Family Legal Questions

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.  I have seen your question. Unfortunately, no good lawyer will be able to provide a proper answer without meeting with your friend and getting a lot more information and complete documentation.      You do not say whether your friend is being represented by a lawyer with respect to the mother's court application.  If the answer is yes, that lawyer should be able to answer the question.  If the answer is no, that is a mistake on your friend's part.   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. Your question does not specify the town in which your friend 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 your friend lives in one of those counties and wish to schedule an Assessment, please have your friend 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: Can my husband refuse to pay the mortgage? I assume that you mean to ask: "Would a court require that your husband contribute to the mortgage payment?" The answer is:  Although a court's decision in each case depends on the facts of that case--and I would need more complete information from you in order to provide you with the best answer--based on the facts that you have given, I believe that a court would require him to do so.   Of course, in order to get a Court Order, there would have to be a Complaint which would need to be properly prepared, filed and served on your husband.      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 $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

Yes.  Your judgment of divorce and/or the property settlement agreement probably states the term of years that you can live there - like the two years for you son graduates.  But at the end of the two years there is probably som e disposition of the house, like a sale and division of the proceeds.  Whether or not your parents live there will not change that. ... Read More

She probably is eligible but you are going to have a very difficult time proving that she is his daughter.  Make the application to Social Security.  they will direct you as to what has to be done to prove eligibility.  Keep in mind, an inmate is not eligible for Social Security while incarcerated.  If he was incarcerated at the time of his death, he was not earning Social Security credits.  Each applicant must have a certain number of work credit to prove eligibility.  good luck.   ... Read More

Its really hard to answer based on the information given.  Was there a will?  Who is the executor?  In what county was the estate probated?  I don't understand the rush for taxes on the property.  Property taxes are due every quarter.  I'm not sure if you n=mean inheritance and/or estate taxes on the property. Those taxes would have been due within nine months of the date of your uncles death.  Call my office and we can talk about this and see what needs to be done.  I do many many estate for out of state relatives and I'm currently resolving estates for clients in Slovakia and Lithuania.  ... Read More

She can try to file Grandparent visitation rights, but its very difficult to get in New Jersey.  you have to prove you have had a prior long term relationship with the child and thta its in the child's best interest. The parents have the right to raise their children the way they want, and that includes contact with either set of grandparents or no contact at all.  Good luck !... Read More

It sonds really fishy.  On the document there will be a docket number.  Call the County Court in the county in which you live and ask for the family division and give them the docket number and ask what is going on.  It may be a mistake, that you have an agreement but still need a formal application to the court.  The clerk will be able to help you.     ... Read More

you did not provide enough information to accurately answe rthis question.  Whether or not your wife will be able to claim a portion of your income will depend on many different variables including wehter or not there are any children, cost of the house, etc.  you will both have to complete disclosure statements called a Case Information Statement or CIS that will list all expenses and income.  The court will use that information to determine if you will have to pay her money.... Read More

You can leave him at any time.  Get the phone number of the Adult Protective Services department in your county.  They are part of the Board of Social Services.  When you leave, call APS and tell them he needs help.  You can make the call anonymously.  If APS feels its necessary, they will start a guardianship to take over care for him.  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.  I recommend that you now get a "second opinion" from another lawyer regarding the forensic accountant issue. 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.     I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office.  You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person. 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 answers to your questions are:  In New Jersey, someone's right to alimony and how marital assets in a divorce are based upon many different factors.  I cannot give you the list of all of these factors in this Answer, because of the space limitations on Answers.  However, I would be happy to send you in a separate e-mail, if you give it to me.  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

It depends.  You may get extended periods of visitation for several days at a time instead of just a few hours, and you may get a week during the summer or holidays, etc.  You should stay in touch with the child through e-mail and phone calls and keep what visitation you can. ... 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: It depends on what you mean by "subsequent marriage."  You say that a divorce is now pending.  If the money was put into the separate savings and checking accounts DURING THE MARRIAGE, and it was not from an inheritance or gift, it is a marital asset which is subject to equitable distribution.        I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. 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.    ... Read More

That is possible but you will still have to prove that you served him with a copy of the complaint in which you are seeking custody.  If you know his address you can send it to him by regular mail and certified mail with a return receipt requested.  Send both - this way if he does not pick up the certified mail you can always tell the court the other one must have been delivered because it was not returned. ... Read More

It may be difficult to cause the child to be emancipated if it is not the child's wish.  The child has to prove that he/she can support him/herself and there are other criteria.  At age 17, depending on when your son turns 18, it may actually take longer to do the emancipation than it would be to wait until he turned 18.... 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.  In your question, you do not say whether where you are if in the divorce process or if you have a lawyer representing you.   If you have a lawyer, ask your lawyer this question, which he/she can easily answer.  If you don't have a lawyer, the answer to your question is: You need to have a valuation done with respect to the "marital" value of your pension, as that is defined under New Jersey law.  There are various "pension valuation" companies that can perform the calculation, as long as you know exactly what information to give them.  I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. 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.    ... Read More

You can do a name change application to the court, that has nothing to do with the divorce.  You will make the application in the probate court.  You could have done the name change with the divorce in family court, but since you did not, you will have to go to the chancery court.  It is an easy application.  ... Read More

You should first determine if your grandparents are competent and can make their own decisions.  If they can, have them hire an attorney to protect you and your interest, as well as themselves.  they could appoint you as their caregiver, and give you the legal authority to act on their behalf.... Read More