Jackson, NJ Divorce Law Firms & Lawyers

Thank you for your question.  Suspension of alimony for a period of time is not a termination of your obligation.  Any unpaid alimony during the suspension period  will be added to your arrears balance. You are able to check this balance by logging into your child support account. Typically, repayment of arrears is also paid back weekly by tacking an arrears payment onto your court ordered weekly alimony figure, such as an additional $25 or maybe $100 per week.  The amount of this arrears payment can be addressed with the Court.  Thus, proof of your declining business and income may help to keep the arrears payment manageable.  It is unlikely that the Court will force the sale of your home and vehicles.  I would strongly recommend you consult with an experienced family law attorney to assist with this alimony issue.

Ownership is different from "marital right." 50/50 distribution based on marital rights is not automatic. If you divorce after a short marriage he is unlikely to get much, if anything, out of the house. Edward Zohn, Attorney at Law, 908.791.0312

Of course, you can get a judgement of divorce without a property settlement agreement (PSA), but it would not be advisable if you have property that needs sharing.   Property means bank accounts, investment accounts, pensions, 401K's, IRA's Roth IRA's, valuable art, automobiles, tax liabilities, credit card debt, stocks, bonds, mutual funds, or other economic valuables.  Once the judgement of divorce is entered, you will want all economic matters, all economic issues, concerning the marriage should be resolved at that time.  Without a writing, commonly called the "Property Settlement Agreement", you will be unable to enforce the verbal agreement you may have made. In addition, you will want all matters regarding custody and parenting time with your children resolved as well.  For example,  you will want to have a writting as to:  where  the children live; what time will they spend with the other parent; how will holidays be shared; where will the exchanges occur; and, at what time, to name some of the issues.  While parenting time is always flexible, having a writing gives the children a schedule which helps them feel safe, and parents will have an idea of when they might have free time.