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New Jersey Divorce Recent Legal Answers from Lawyers

New Jersey Divorce Recent Legal Answers from Lawyers

Disability and divorce

Answered 29 days ago by attorney Bari Zell Weinberger   |   1 Answer   |  Legal Topics: Divorce
Thank you for your question.  I am sorry to hear about your medical condition.  Without knowing more details it is difficult to provide you with a detailed answer – you should certainly consider scheduling a complimentary consultation with a matrimonial attorney to more fully discuss your situation, address your concerns, answer all  your questions and formulate a plan of action.  However, in brief, your social security is considered income and whether you have to provide a portion of same to your (to be) ex-wife depends on a number of factors, but primarily her income.  If she is working, and you are disabled, it may be that she will be required to pay you money by way of some type of alimony (the payment off alimony from one party to the other is gender neutral).  With regard to your 2 pensions, usually, any retirement benefits of any type such as a pension or 401k (whether they are yours or your wife’s) are divided  equally, especially after  a marriage of 20 years.  However, if the retirement benefit (whether it be a pension, 401k etc), or a portion thereof,  was earned before the marriage, that pension (or portion thereof) is NOT distributable to the other party upon divorce.  It  appears your matter also involves issues relating to children (custody, parenting time, college expenses, medical expenses, extra-curricular expenses etc) and as such, as stated above, I believe a complimentary consultation is essential in your matter so as to enable you to become fully aware as to ALL of you rights and obligations. I hope this was helpful to you.... Read More
Thank you for your question.  I am sorry to hear about your medical condition.  Without knowing more details it is difficult to provide you... Read More
Thank you for your question. I understand how worried you must be about having to coordinate the timing of admitting your spouse to a nursing home with commencing divorce proceedings. The short answer to your question whether your income and assets can be affected is possibly. As such the timing of when you file is important. We also would need to understand the current financial circumstances for you and your spouse.   I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney who has experience, so that you can understand the implications for you should your spouse be admitted to a nursing home in the event of divorce.  I hope this was helpful to you.  ... Read More
Thank you for your question. I understand how worried you must be about having to coordinate the timing of admitting your spouse to a nursing home... Read More
Thank you for your question. I understand how concerned you must be about your living situation when you just went through the divorce process.   The short answer is that it depends on the terms of your divorce agreement and your specific living arrangements. We would need to analyze the divorce decree and any written agreements in place to accurately analyze your options and decide how to move forward.   I understand that you need answers and need to protect yourself. I strongly suggest that you schedule a consultation with a family law attorney who has experience with New Jersey law as soon as possible, so that you can understand the implications for you and your family moving forward. ... Read More
Thank you for your question. I understand how concerned you must be about your living situation when you just went through the divorce... Read More
Thank you for your question. I understand how difficult this time must be for you.  The short answer is that provided one party has been living in New Jersey for at least a year, you can file for divorce in New Jersey.  However, there certainly can be specifics involved and each matter is different.  You need specific answers to protect yourself and I would strongly suggest that you schedule a consultation with a family law attorney who has experience with New Jersey divorces, so that you can understand the implications for you before filing for divorce.  I hope you found this information helpful. ... Read More
Thank you for your question. I understand how difficult this time must be for you.  The short answer is that provided one party has been living... Read More

How do I divorce my wife

Answered 3 months ago by attorney Bari Zell Weinberger   |   1 Answer   |  Legal Topics: Divorce
Thank you for your question.  If you wish to file for divorce, it needs to be determined where the most appropriate jurisdiction would be. If no parties reside in NJ, the divorce may not proceed here. In any event, custody will need to be determined as part of the divorce. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and to ensure you understand your rights.  I hope this information was helpful to you.... Read More
Thank you for your question.  If you wish to file for divorce, it needs to be determined where the most appropriate jurisdiction would be. If... Read More
If you think that your former spouse comitted fraud during the divorce proceedings, you can absolutely file a motion to reopen the case and adjust equitable distribution. Whether you settled or had a trial, or whether your were self-represented or had an attorney, will also affect the outcome of this motion. Edward Zohn, Attorney at Law, 908.791.0312... Read More
If you think that your former spouse comitted fraud during the divorce proceedings, you can absolutely file a motion to reopen the case and adjust... Read More

Is it possible to get permanent alimony rescinded in State of NJ?

Answered 5 months ago by attorney Edward J. Zohn   |   1 Answer   |  Legal Topics: Divorce
The basic answer is "yes, depending on the circumstances." More information is needed, because an early retirement doesn't always qualify. Levels of social security payments, and distribution of any retirement accounts, will also matter. Lots of things affect an application for changed circumstances. Edward Zohn, Attorney at Law, 908.791.0312... Read More
The basic answer is "yes, depending on the circumstances." More information is needed, because an early retirement doesn't always qualify. Levels of... Read More
Thank you for your question. As long as the funds are kept separate and not mingled with or changed into marital property, it will belong to you.  I suggest that you contact an experienced attorney who can analyze your situation and give you advise on how to protect your rights. I hope this information was helpful to you.   ... Read More
Thank you for your question. As long as the funds are kept separate and not mingled with or changed into marital property, it will belong to... Read More
No attorney should substantively answer this question, to help you evade a court order. If you don't like the alimony, you should go to court with a motion to eliminate the alimony. Edward Zohn, Attorney at Law, 908.791.0312
No attorney should substantively answer this question, to help you evade a court order. If you don't like the alimony, you should go to court with a... Read More
Thank you for your question.During the divorce proceeding, the marital status quo must remain the same.  This means that any expenses that your husband were paying, he must continue to do so.  If he stops making payments towards your marital expense, you can file an application with the Court forcing him to continue same.  I suggest that you contact an experienced attorney who can analyze your situation and give you advise on how to protect your rights.  I hope this information was helpful to you.... Read More
Thank you for your question.During the divorce proceeding, the marital status quo must remain the same.  This means that any expenses that your... Read More

Can they force me to pay her lawyer

Answered 7 months ago by attorney Bari Zell Weinberger   |   1 Answer   |  Legal Topics: Divorce
Thank you for your question.In divorce matters, parties generally pay their own attorney’s fees.  If she does not have the funds to pay her attorney, the Court may direct you and her to sell or mortgage assets and property in order to fund her litigation.  She can file an application with the Court requesting that you be responsible for her attorney’s fees.  There are many factors that the Court must consider when making a determination of a counsel fee award.  I strongly encourage you to schedule a consultation with an experienced family law attorney to discuss your matter.I hope this information was helpful to you.... Read More
Thank you for your question.In divorce matters, parties generally pay their own attorney’s fees.  If she does not have the funds to pay... Read More
Thank you for your question.  I know how worried you must be about the termination of your alimony.  The short answer is yes.  Both marriage applications and records are kept on file with the local municipality that issued either the application or the certification of marriage.  Additionally, there are both statutes and case law that govern your ex-spouses’ obligation to notify you of his/her remarriage and what implications there are if he/she does not notify you.  You should immediately contact an experienced family law attorney to protect your interests and ensure that your rights are preserved.   I hope this information was helpful to you.... Read More
Thank you for your question.  I know how worried you must be about the termination of your alimony.  The short answer is yes.  Both... Read More
Thank you for your question.  I know how worried you must be about the false statements made by your spouse regarding service of the divorce papers.  The short answer is that it is up to the Judge what penalties to impose if it can be proven that false statements were made.  Another consideration however is the filing of a Motion to lift the default divorce entered against you based upon the false statements so that the Judge can “reopen” the divorce case.  There are limited circumstances under which such a motion can be filed and strict timelines for filing such a motion.  You should immediately contact an experienced family law attorney to protect your interests and ensure that your rights are preserved.     I hope this information was helpful to you.... Read More
Thank you for your question.  I know how worried you must be about the false statements made by your spouse regarding service of the divorce... Read More
If you are going through divorce proceedings, he is obligated to continue to maintain the ‘status quo’ of the marriage until the divorce is final. That means that he has to continue to pay all expenses and continue all financial arrangements that occurred during the marriage. It sounds as if he is not willing to do this voluntarily. I suggest consulting with an attorney regarding this. Applications to the court can be made to compel him to continue the status quo. ... Read More
If you are going through divorce proceedings, he is obligated to continue to maintain the ‘status quo’ of the marriage until the divorce... Read More
Thank you for your question.Yes, it is possible to seek enforcement of a divorce agreement if it was not followed. However, if too much time has elapsed the Court’s may be unwilling to address the issue. In any event, you may have recourse to address certain aspects of the agreement if they have not been followed. Based on your circumstances, I would suggest contacting an experienced family law attorney to address your specific concerns. I hope this information was helpful to you.... Read More
Thank you for your question.Yes, it is possible to seek enforcement of a divorce agreement if it was not followed. However, if too much time has... Read More
Thank you for your question.As part of a divorce it will need to be determined what will occur with the home. Regardless of whose name the home is in, if it was purchase during the marriage with marital funds, it is a marital asset that will need to be divided. In some cases, one party may wish to keep the home and buy out the others interest. Generally after this occurs the party that maintains the home is responsible for the costs. In other situations, neither party may be able to afford the home and it will need to be sold with the proceeds to be split. Based on your circumstances, I would suggest contacting an experienced family law attorney to address your specific concerns.I hope this information was helpful to you.... Read More
Thank you for your question.As part of a divorce it will need to be determined what will occur with the home. Regardless of whose name the home is... Read More

need assistance with NJ divorce

Answered 11 months ago by attorney Edward J. Zohn   |   1 Answer   |  Legal Topics: Divorce
You must file a motion to modify judgment under NJ Court Rule 4:50-1. This may or may not be successful, depending on what you seek to change. Edward Zohn, Attornet at Law, 908.791.0312.
You must file a motion to modify judgment under NJ Court Rule 4:50-1. This may or may not be successful, depending on what you seek to... Read More
Hello, this sounds like a terrible situation. I wish I could give you more specific advise, but I’m not sure if you have a specific question about something. If you have been served with a complaint for divorce, you need to retain an attorney ASAP. 
Hello, this sounds like a terrible situation. I wish I could give you more specific advise, but I’m not sure if you have a specific question... Read More
Thank you for your question. I understand your concerns as it relates to a divorce. In New Jersey, the filing of a bankruptcy does stay a divorce in the sense that the distribution of debts cannot occur until the finalization of the bankruptcy. In any event, your Wife can still seek information as it relates to records. As part of the divorce there is a period of discovery where both parties are entitled to obtain information from the other party to assist in resolution. Whether or not this leads to information that is relevant is another issue. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.I hope this information was helpful to you.... Read More
Thank you for your question. I understand your concerns as it relates to a divorce. In New Jersey, the filing of a bankruptcy does stay a divorce in... Read More
Thank you for your question. I understand your concerns as it relates to a divorce. This State recognizes “no fault” divorces meaning that the cause for divorce is not the fault of either party. In order to be divorced in NJ all that needs to be proven is that there has been six months of irreconcilable differences that caused the breakdown of the marriage. In essence, one spouse simply needs to prove that there has been differences between the parties and that it is unreasonable to continue as husband and wife. As a result, a divorce is imminent if another party files. However, there are a number of issues that need to be resolved in a divorce such as distributing marital assets and liabilities, custody (if there are children), support, and other items of importance. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns. I hope this information was helpful to you.... Read More
Thank you for your question. I understand your concerns as it relates to a divorce. This State recognizes “no fault” divorces meaning... Read More

Should I proceed to file my taxes separate.

Answered a year ago by attorney Elena Weitz, Esq.   |   1 Answer   |  Legal Topics: Divorce
You are still legally married so you can file Married-filing Jointly or Married-filing Separately. You should consult with your accountant as to whether which filing results in a larger refund, or lower amount owed, and then discuss with your spouse which way is best to file and how the refund/amount owed will be split between the two of you. If you and your spouse are not on good enough terms to work this out yourself than I suggest you consult with a divorce attorney and the attorneys can work this issue out. Either way you should start considering consulting with and restating a divorce attorney to represent you in your divorce. ... Read More
You are still legally married so you can file Married-filing Jointly or Married-filing Separately. You should consult with your accountant as to... Read More
More details would be needed to give you the best advice and there would need to be a full discussion on your rights and what you may be giving by not filing now. This is best left for a full consultation with an attorney. 
More details would be needed to give you the best advice and there would need to be a full discussion on your rights and what you may be giving by... Read More
You should take a look at your divorce agreement to see exactly what you both were entitled to and to see if you have any recourse. The agreement should list the retirement assets and who gets what. My recommendation would be to take your agreement to an experience divorce attorney for a consultation as to what your rights are and how to proceed. ... Read More
You should take a look at your divorce agreement to see exactly what you both were entitled to and to see if you have any recourse. The agreement... Read More
No. It's a conflict of interest and the "other lawyer" should not consult with you if he/she is in a firm with the mediator. Edward Zohn, Attorney at Law, 908.791.0312
No. It's a conflict of interest and the "other lawyer" should not consult with you if he/she is in a firm with the mediator. Edward Zohn, Attorney... Read More

I was served with default divorce papers. Do i have to respond?

Answered a year ago by attorney William J. Rempel   |   1 Answer   |  Legal Topics: Divorce
You mention that you signed the papers does that include a Property Settlment Agreement ?
You mention that you signed the papers does that include a Property Settlment Agreement ?