Aniello David Cerreto's Answers

Can I contest irreconcilable differences ?

Dear NJ, Thank you for your question during what is no doubt a very trying time in your life. Please forgive my directness, bottom line, if he really wants out, you can slow him down to maybe 6 months or a year or so, cost both of yourselves money, but you can't stop him from divorcing. Divorce is legal. You can talk to him and see if he will try marriage counseling. The cause of action is much less important to a court then the fairness of the divorce terms or underlying merits of the...

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I need to disolve my marriage. I must leave my home, however, I have no job and no prospects. Can I obtain spousal support?

Alot depends on length on marriage and income ability of each spouse. The higher reasonably capable spouse is generally exposed for spousal support.

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Subpoena

Your allowed discovery or to conduct discovery during a divorce. Once your divorced you need a courts permission via a court order to conduct discovery. Counsel is correct that the attorney may not be allowed to send you a deposition notice and attempt discovery from you. Plus it seems like practically an audit request. But protect yourself. Hire competent counsel immediately. If a motion was filed you need to be in the game. If you were served (not signed for...served) you ignore your case at...

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Can an adult child (18 years old) tesify in a divorce proceeding

Dear Wayne, Yes and perhaps. If there are lies going on, the truth is the right thing, yes? Will it hurt the mother, maybe but it seems deserved if shes lying. Now hes 18 and potentially subject to being emancipated and/or going to college etc. so don't despair because it sounds long term like your relationship will be fine with your son. Hold your reasonable settlement ground and if she wont fly right, have the trial over the disputed issue and have your son testify. Let the judge decide...

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Getting divorced ex won't sign quit claim deed for loan modification. what are my options?

HIre your lawyer! Don't allow yourself to be penny wise and dollar foolish!

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My ex wife wants to take our child on vacation for 3 weeks. I think that's too long, and would like her to shorten it to 2 weeks

If your really clicking, perhaps your lawyer can accomplish a telephone conference with the attorneys and judge to address this one issue (the judge will probably never do it with merely a party). 3 weeks is not a vacation, 1 week or 10 days is a vacation. 3 weeks is unreasonably too long if there is a dispute.

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Is the witness address information sufficient on my will and living will as completed?

your fine as is, do nothing.

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My Husband is an Illegal Alien is he entitle to my Retirement Funds?

Dear Union, Stick to the fraud and argue it makes equitable distribution of your pension after only one year of marriage inequitable. It's a judgment call. Make sure you have an experienced family lawyer. Regards, Aniello D. Cerreto, Esq.

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On NJ Appeal Can Additional Witnesses be brought in before the Judges

Dear Somers Point, The answer to your question is yes but it is alot of work and expensive. Rule of Court 2:505 specifically indicates that...Correction or supplementation of record (a) Motion to Settle the Record. A party who questions whether the record fully and truly discloses what occurred in the court or agency below shall, except as hereinafter provided, apply on motion to that court or agency to settle the record. The appellate court, on motion, may review such determination...

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

Getting caught masturbating is surely enough to get him out as it is not in a 9 year old's best interest to see or know that has occurred. But your going to have to prove it if he denies it and that means testimony in open court? That means lawyers. That means money. The least expensive way out is to make a total settlement deal, sign it, and get divorced. Compromise is always less expensive then coercive litigation motivated by principle.

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