Skip to main content
David F Salvaggio
Avvo
Pro

David Salvaggio’s Answers

718 total


  • What constitutes "comingleing"? I am going through a divorce and I have inherited several investments from my grandfather.

    Most of it is tied up while the estate gets settled. However, some has been cleared and the funds are available to me. I am completely broke as my soon to be ex is playing games, not paying bills, etc. My lawyer is working on getting to the botto...

    David’s Answer

    Both Mr. Gibbs and Mr. Tyson are right.

    You should ask your lawyer this question. If you want a second opinion, you certainly can get one.

    See question 
  • Are Post-Martial Market Gains/Losses to be Shared while waiting for QDROs to be Drafted?

    I filed for divorce in April 2012 and the JOD was entered in October 2013. My ex-wife has yet to prepare her QDROs. Because the market has done well over the past couple of years, she is claiming that she is entitled to post-marital gains on her...

    David’s Answer

    As you can see, you have gotten different opinions from different lawyers. No lawyer can tell you for certain how a Judge would rule on this issue.

    I think that Mr. Perry has hit the nail on the head, in referring to the concept of "passive" gains (or losses).

    Family Courts are courts of "equity" (fairness). Is it fair that your ex-wife be entitled to the post-Complaint gains on her retirement assets? Would it have been fair for you not to have to share in the post-Complaint losses if the value of the investments had gone down? I would argue that the answer to both of those questions is: "NO." (Fortunately for you, you don't have the second situation).

    I have never had to litigate this issue, because when I represent someone in a divorce case, I always deal with that issue one way or the other in the Settlement Agreement. Therefore, although there could be some NJ case law on the issue, but I am not aware of it.

    See question 
  • Seeking a divorce after 16 yrs. Two children (13 and 9). Home and vacation condo as assets.

    I'm a stay at home mom, almost 9 yrs. Husband is sole supporter of all financial matters. Well paying position ( expected income to be greater than 250k). What can I expect moving forward. Not expected to be a heated divorce.

    David’s Answer

    I agree with Mr. Brown.

    No lawyer can possibly tell you what to expect moving forward without meeting with you and getting more facts.

    One thing that can be said as a virtual certainty is that, if the divorce has be litigated through the court system, the legal fees and costs will be higher than if you are able to resolve it through an Alternative Dispute Resolution process.

    I am glad that you do not expect your divorce to be "heated." My recommendation is that you should meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters, has received special training in an Alternative Dispute Resolution process such as the Collaborative Divorce approach, and is truly committed to helping you use such an approach rather than litigating the case, if at all possible. .

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

    See question 
  • Married at a different country but want to file divorce in the US. Is that possible?

    We got married quickly in Bangladesh and have our marriage certificate. But now I realized it was a mistake but we are now in the US. We would like to file for divorce or annulment. Is it possible to file for either one and what is the process to ...

    David’s Answer

    As Ms. Kleiner says, in order to file for divorce in NJ, either you or your spouse (or both) have to have been a bona fide resident of NJ for at least 1 year. (There is an adultery exception, but I presume that this does not apply in your case).

    A person can file for an annulment in NJ as long as he/she is a bona fide resident of NJ when the filing takes place. However, the grounds for annulment are very limited.

    I believe that you should meet as soon as possible with a very experienced local lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

    See question 
  • Private prek/kindergarden

    I have a 4 and a half year old with my ex, she just placed her in Prek, then she is planning to continue private kindergarden Would that commit me to pay private school afterwards?

    David’s Answer

    A good lawyer will need answers to several questions, in order to provide you with the best advice.

    Those questions include the ones posed by my colleagues, as well as: (1) Is the Pre-K in the same school as the private kindergarten will be? (2) Is your ex asking you to contribute to the cost of the Pre-K? (3) Is your ex asking you to contribute to the cost of the private kindergarten? (I presume that when you say "private school afterwards," you are referring to 1st grade and thereafter).

    In October 2014, in a case called Madison v. Davis, a New Jersey Family Court issued a significant decision in a matter where the parents did not agree on their child's preschool. You should read that case.

    I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

    See question 
  • What information & documents does NJ court require in a divorce complaint? No children, no support, living separately.

    NJ resident separated from spouse for many years planning to file no-fault divorce from spouse who resides in another state in jointly owned home with a shared mortgage. No children, asking no support. What minimum information and documents are ...

    David’s Answer

    I commend Ms. Ross for taking the time to graciously provide you with such a comprehensive answer.

    However, I agree with my colleagues who caution you about the perils of trying to do everything on your own.

    I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

    See question 
  • I'm divorced but my spouse won't leave the home nj

    can I kick her out of the house? We got divorced a week ago but she refuses to leave.

    David’s Answer

    Were you represented by a lawyer? Do you have a Settlement Agreement which specifically says that she must leave the house, or did the Judgment of Divorce say that?

    If you had a lawyer, you should contact that lawyer.

    If you did not have a lawyer, I believe that you should contact a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    See question 
  • We got married in New Jersey in 2012. Me and my Spouse are both on H1. Planning to seek Divorce.

    I got married in New Jersey in 2012. Me and my Spouse are both on H1. We own a home in NJ (mortgage). We have a 3 months old baby boy. Things are not going well off late. I am planning to seek divorce. My questions are: (1) I want child custod...

    David’s Answer

    I agree with Ms. Ross that you should try to resolve all issues without litigation.

    Mediation is a good alternative to litigation. However, it is not the only one, and it may not be the best one because each of you should get legal advice and ideally be represented by a lawyer.

    In September 2015, the New Jersey Legislature passed the New Jersey Family Collaborative Law Act, which recognizes the Collaborative approach as a good alternative to litigation. For more information about Collaborative practice in New Jersey, you can go to the website for the New Jersey Collaborative Law Group (www.newjerseycollaborativelawgroup.com).

    In any event, I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office--so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

    See question 
  • What happens if there are no funds available after judge signs Qdro order?

    Been chasing a qdro order to be finalized.

    David’s Answer

    Mr. Newman is correct.

    Please advise whether the retirement asset was yours or your ex-spouse's?

    What makes you think that there are no longer any funds available?

    You really need to meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

    See question 
  • Divorce - I want to leave our house to husband, is it possible?

    We've been married for 5 years. Now we want to get a quick divorce (we haven't lived together for 8 months), and I'd like to come back to my native country, Germany. We want to remain friends, but we both see it is not love any more. We've 2 old c...

    David’s Answer

    The paper that you want to write seems to be a Marital Settlement Agreement ("MSA"). That will need to be properly prepared and signed by both of you. .

    In order to get divorced, there will first need to be a Complaint for Divorce which is properly prepared, filed and served, along with a request that the MSA be incorporated into the Judgment of Divorce.

    Both of those things should be done before you go back to Germany.

    The quickest way to do all of this is to get the assistance of a good lawyer as soon as possible.

    I believe that you should meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    I do not believe that you should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office. You want to go to the best lawyer that you can--hopefully one that will take the time to talk to you personally on the phone before coming into the office, so that you can be sure that you are completely comfortable with that lawyer before you meet in person.

    See question