John B. D'Alessandro’s Answers

John B. D'Alessandro

Union Divorce / Separation Lawyer.

Contributor Level 14
  1. Could my wife force separation or divorce in the state of NJ?

    Answered almost 3 years ago.

    1. John B. D'Alessandro
    2. Toral S Parekh
    3. Laura Ruvolo Lipp
    4. Stuart M Nachbar
    5. David Perry Davis
    6. ···
    9 lawyer answers

    Unfortunately for you, since the State of NJ basically adopted a no fault divorce policy there will be little you could do to prevent her from obtaining a Judgment of divorce. My suggestion would be to seek the advice of counsel in order to protect your interest as to equitable distribution, child support and spousal support, if warranted. I wish you the best of luck in this regard.

    11 lawyers agreed with this answer

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  2. What are my rights as a wife of 22 yrs. when husband leaves marital home?

    Answered almost 3 years ago.

    1. Kenneth A White
    2. John B. D'Alessandro
    3. Yolanda Navarrete
    4. Toral S Parekh
    5. Peggy M. Raddatz
    6. ···
    6 lawyer answers

    You need to consult an attorney immediately. I agree with the prior posts. I also note that a motion for pendente lite relief should be brought immediately to prevent him from exhausting any joint assets as well as setting child and spousal support. Depending upon his ability to pay you may also be entitled to have him pay your counsel fees.

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  3. Divorce living in the same house

    Answered about 2 years ago.

    1. John B. D'Alessandro
    2. David F Salvaggio
    3. Yolanda Navarrete
    4. Matthew Thomas Majeski
    4 lawyer answers

    You are free to negotiate any living arrangements you want with your soon to be ex and your kids. It may not be the healthiest environment for the children but every family situation is different and depends upon the facts and circumstances of the family unit. It certainly would be cheaper for the two of you to live under the same roof but mentally and emotionally that arrangement may take its toll on the kids and yourself. You could still get divorced but the economics of support and alimony...

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  4. Can anyone tell me the procedure that a settlement check has to follow before I get it?

    Answered about 3 years ago.

    1. John B. D'Alessandro
    2. David Perry Davis
    3. Yolanda Navarrete
    4. Ronald Glenn Lieberman
    4 lawyer answers

    Customarily a settlement check is made out to both the party and the attorney. After both parties endorse the check it would deposited into the attorney's trust account and then the proceeds distributed to the client less attorney's fees, costs etc. I do not believe the court would be involved unless the case was settled with a minor. I am some what confused with your question since you haven't given a lot of facts as to the type of case or where funds coming from and why.

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  5. To change the provisions of a divorce degree NJ

    Answered over 2 years ago.

    1. John B. D'Alessandro
    2. Kathryn Ann Gilbert
    3. Kenneth A White
    4. David Perry Davis
    4 lawyer answers

    I believe that the intent of the Modification language requiring a court order was to insure that there would be a legally binding order to enforce against either party and not just a handshake agreement. That being said, if the agreement is placed in proper form, signed by the parties, notarized and submitted to the Court for a Judge's signature, that would satisfy the "petitioning" requirement of the Divorce Judgement. Remember to send an original and two copies of the Consent Order to the...

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  6. Question regarding divorce.

    Answered about 2 years ago.

    1. John B. D'Alessandro
    2. Kenneth A White
    3. Ivan Raevski
    4. David Perry Davis
    5. Anthony J Van Zwaren
    5 lawyer answers

    If you only moved back to NJ in June 2012 you will not be able to file a complaint for divorce in this State until June 2013 as there is a 1 year residency requirement. The retention of an attorney will certainly make the process go more quickly. Otherwise you can go to http://www.judiciary.state.nj.us and down load the forms necessary to do it yourself.

    8 lawyers agreed with this answer

  7. In family court judge changed the date. Can either parties submit any more paper work ?

    Answered over 2 years ago.

    1. John B. D'Alessandro
    2. Kenneth A White
    3. Virginia Giselle Alvarez
    3 lawyer answers

    Difficult to answer this question since I am not sure what type of proceeding we are talking about. Generally however, if the Court just changed the date and did not ask for any more submissions then no more pleadings will be permitted.

    8 lawyers agreed with this answer

  8. I haven't seen my wife in 17 years. I am going to file my divorce petition this week. I will file my divorce by publication.

    Answered over 2 years ago.

    1. John B. D'Alessandro
    2. David Perry Davis
    3. Ivan Raevski
    4. Kenneth A White
    5. Curtis James Romanowski
    5 lawyer answers

    You file your complaint for divorce with the Court. Service of process is by publication. but you will need a Court order to do that. I suggest you consult with an attorney otherwise you may end up spinning your wheels. As for the business formation it is highly unlikely that she would be entitled to anything from the business based upon the limited facts you provided. That is unless of course, you used marital assets to start it up.

    8 lawyers agreed with this answer

  9. My husband makes 175k, I make 18k. Will a Judge agree to order him to pay my attorneys fees?

    Answered almost 3 years ago.

    1. John B. D'Alessandro
    2. Yolanda Navarrete
    3. Benjamin G Kelsen
    4. Ronald Glenn Lieberman
    4 lawyer answers

    Based upon the limited factual scenerio you set forth I can not tell whether a judge would grant a request for counsel fees. However I can tell you that a motion for pendente lite relief should have been brought once your husband stopped supporting you especially with the disparity in income. You need to discuss this with your current attorney and if you do not feel comfortable with the attorney it may be time to consult with another.

    8 lawyers agreed with this answer

  10. What can I do to reduce the property tax in my house in NJ?

    Answered about 3 years ago.

    1. John B. D'Alessandro
    2. E. Martin Davidoff
    3. Christopher Michael Larson
    3 lawyer answers

    You will need to obtain the appropriate forms from the Middlesex County Board of Taxation. I believe there is a $5.00 filing fee for residential properties. It is best that you do not navigate this appeal alone and that you retain counsel to assist you. You will need to obtain comparable sales to support your position or retain a licensed NJ appraiser to not only do a report but testify at any hearing. Good luck.

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