Robert Ricci's Answers

In a settlement and stipulation agreement. if all parties agreed to release all claims against each other including counsel.

Yes. If you waived any claims you had against the attorney (are you sure it doesn't say counsel FEES), that would only be the right to sue him. Filing an ethics grievance is different. An agreement not to file an ethics grievance would not be enforceable.

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I was served with divorce papers from my wife after being separated for 12 years and married for 17 years before the separation.

Your question is fact-sensitive, but you are entitled to share in any assets acquired during the marriage. Alimony is a tough one after a 12 year separation. I think you'll have a tough time getting alimony.

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My son and I bought a house, he pays 80% and I help with 20% of the mortgage payment...

If the deed doesn't indicate an ownership percentage, than you and your son are tenants-in-common, meaning you will each be assumed to own 50%. You can do a new deed to reflect the accurate percentage, but because there is a mortgage, the mortgage holder almost surely has a restriction against a change in the ownership. Plus, you and your son may have made certain representations to the mortgage holder about ownership. Perhaps you can each execute a separate agreement to reflect the...

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Facebook and lawyer ethics

There is nothing unethical about this. It would perhaps be unethical if her lawyer was YOUR friend on FB.

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Is a marriage legal if previous wedding was never truly divorced?

If a judgment of divorce was entered, the marriage is terminated and the second marriage is legal.

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Divorce and tax return

Since you are represented, you should follow the advice of your attorney. Did he file extension, or return would be my first question.

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What behavior is grounds for removal from the home pending divorce?

The actions impacting the child cannot support a DV order unless she can prove he did these things with the intent to harass your sister, an unlikely outcome. A DV victim must be 18 years of age. There remains a "Roberts hearing" which is what litigants availed themselves of prior to the DV statute, but that is also unlikely. Her best bet is to simply seek an order requiring his removal couched in terms of the best interest of the children.

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Can I increase the amount awarded to me by the court, during our divorce?

You can apply to the court to enforce your agreement, but I doubt a court will change the deal.

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How can I file for divorce from an illegal alien that was deported?

You may also want to discuss with your attorney "substituted service". If he was deported, service might be accomplished in an alternate way. Robert Ricci, Jr., Esq. Rahway, New Jersey 732-815-1122

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Spouse refuses to sell home. Does this mean I will have to proceed with a contested divorce?

If you and your spouse cannot agree on whether or not to sell the house, I'm sure that there are numerous other issues you will be at odds over, such as alimony, distribution of other assets, debts, counsel fees, life insurance, and child support and custody/visitation (if you have children) just to name a few. If you own a house valued at $1.3, you both need to retain counsel because there is too much at stake to try to do this on your own. Hiring lawyers doesn't usually mean complicating...

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