Holmdel, NJ Divorce Law Firms & Lawyers

You can absolutely still file for divorce, even if you live together. Separation is only required if you are filing under the "separation" grounds. If instead, you file for divorce alleging "irreconcilable differences" grounds, then it doesn't matter if you live together or not. Hope that helps. Good luck.

Despite the fact that the lawyer passed away, there should have been another lawyer appointed to take over the handling of his outstanding client matters. If you call his office or email him, you should get some type of notification, telling you the name of the lawyer who has taken over the handling of your matter. If you do not get that information or a response, you should contact the Office of Attorney Ethics, whose main office telephone number is 609-403-7800. The department will guide you to whomever has taken over that lawyers client matters and / or assist you in getting back some of your retainer monies. As for moving forward with your divorce, you can also contact the family part section of the courthouse to find out the name and telphone number of the judge handling your divorce. You can then reach out to chambers to let them know that your lawyer has passed away and that you wish to proceed pro se. Someone should be able to assist you in filing the substitution of counsel form so that you can take over your own representation. As it stands now, all notifications are being sent to your lawyers attention ( since he is listed as counsel of record in your matter). 

Its hard to say without more information, but I would say no, it would not be easier to get your marriage annulled.  The process for divorce in New Jersey is relatively simple.  If you have been together less than a year, you can discuss who gets what, and come up with an agreement, and write it out and both sign it before you file for divorce.  Once you file the complaint, file the agreement you made and you will basically tell the court "we're ready to be divorced, all of our issues are solved, see the attached agreement". It does not take long, and you can get something called a "pro se packet" at your county's courthouse, that will allow you to file all of your paperwork without a lawyer.  Good luck !