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Robert Ricci
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Robert Ricci’s Answers

2,991 total


  • If there was spousal abuse in the home and there was no police report filed can that be used in a child custody case?

    The 5 year old child can vividly tell the story as to what happened.

    Robert’s Answer

    Generally an incident between spouses is not going to carry much weight in a custody dispute. And most judges will not put a 5 year old child through the ordeal of reliving the event. And you probably shouldn't be re-hashing it with the child either.

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  • How much trouble am I in

    My wife pressed harrasment charges against me for picking up scissors in a threatening manner and no physical abuse and served a tro. I violated the tro. Have 2 court dates. One for the violation in superior ciyrt and one for the harrasment in mu...

    Robert’s Answer

    You need an attorney, ASAP. The dismissal of the TRO has no bearing on the 2 violations.

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  • Can I file a no-fault divorce in NJ?

    I've been living in NJ only for 2 months. Married for 6+ months. Can I file a no-fault divorce in NJ and what are the requirements for it, such as residency, do I need to be legally separated & for how long, need both parties signatures or not, etc?

    Robert’s Answer

    You have to reside in NJ for at least 1 year prior to filing in NJ, if you want to file no-fault (irreconcilable differences).

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  • Remarriage indicated in PSA. Would there be a need to sign a consent to sign to remove alimony obligations?

    Ex spouse just informed me she remarried. The PSA states that upon remarriage the alimony obligations end. However, she wants me To hurry up and sign a consent order to end the alimony obligations. Not feeling this is correct since we have a heari...

    Robert’s Answer

    What is the hearing for? If she is agreeing to sign a consent order to terminate the alimony, why would you not want to sign it?

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  • Can legal aid services refuse to represent me if my ex-husband went to see them for advice, but did not use them as his attorney

    My ex-husband went to legal aid services, spoke to them, but then opted to hire a private attorney. I was served with court papers that he is seeking full custody of our daughter. I went to legal aid services to request assistance and was told I...

    Robert’s Answer

    This is certainly a conflict of interest.

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  • Divorce-Financial Infidelity and Infidelity

    If a wife applies for a credit card under her husband's name without their knowledge and charges over $30,000 can the husband file fraud charges against her? In the divorce proceedings if he earns more than her will he still have to pay her alimo...

    Robert’s Answer

    If the money was used for marital purposes, then it is unlikely that her opening the card in your name during the marriage will be relevant.

    Her infidelity has no bearing on an alimony claim.

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  • Where can I read about alienation of affections being abolished /the law on this? Is this just for alienation of affections of a

    spouse or is it abolished for alienation of a child's affection as well? I read an article on a case Wyman v Wallace where it stressed that this was just about spouse not child.

    Robert’s Answer

    I think you should be researching parental alienation syndrome. Not alienation of affections.

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  • In my NY divorce case, the judge ordered a forensic psychiatric exam be done for me and my wife in regards to custody and

    visitation issues regarding our kids. He did such a report, and he's supposed to be neutral in his assessments. My wife's attorney wants to call him as a witness, but so do I. I figure that if my attorney had "first crack" at him, it would throw t...

    Robert’s Answer

    I'd leave this strategy to your attorney.

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  • Filing a response with the court

    I received a notice in the mail that I have a court date in Family Court scheduled for September 29th. When do I need to have my response in by?

    Robert’s Answer

    15 days if it is a motion. Those instructions should be on the notice of motion. If it is some other type of notice, may be different.

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  • Will I be forced to sell my home?

    my divorce stated I keep my house if I can get approved for a loan modification which I did in 2014 but we thought that took his name off loan which it did not and I was to assume the loan in my own name but was denied twice. Now my ex taking me t...

    Robert’s Answer

    If you cannot get him off the loan, the court is almost certain to order the home sold.

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