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David F Salvaggio
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David Salvaggio’s Answers

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  • Is there a way to move forward with a QDRO when the recipient does not want to sign it? Thank you.

    Divorced 6 years, but still working out the ED of funds. Ex-wife does not want to sign the QDRO unless it stipulates that she can have continued access to funds should I fail to pay alimony/child support. My understanding is the QDRO is only for...

    David’s Answer

    If you don't have a good lawyer handling this for you, you should. What your ex-wife is saying makes no sense.

    You should call a very experienced lawyer who devotes his or her entire practice to New Jersey family law matters. Don’t limit yourself to the ones who offer “free consultations,” because they are not necessarily the best.

    However, the lawyer you call should be willing to speak with you personally for a few moments, to get a basic sense for what is involved.

    The next step, if both you have a lawyer are comfortable, is to schedule an Assessment in which you can go over your situation in detail with that attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    If the lawyer’s office is not located near you, he or she may be willing to do the Assessment over the phone. Again, if you have to pay a fee for the Assessment, I think that it is worth it because the value of a really good lawyer’s advice is almost always more than the cost.

    Whether you contact me or another lawyer, I wish you the best.

    See question 
  • I want to go back to China.How long I could stay in China to avoid lost custody of my two kids?

    My husband and I live in New Jersey.Our marriage is close to 10 years. We have two daughters. I have mental health issue. I got into hospital 2 times, each times is about 3 weeks. His family have strong gender perference, they like boys. M...

    David’s Answer

    The issues that you raise in your question are very important ones. You need to meet with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    I understand that many people who have family law issues (such as yours) are reluctant to retain lawyers to represent them. Some say that they cannot “afford” a good lawyer-- and of course there are times when that seems to be true.

    I try to put myself in the position of each person who I talk to, and the last thing that I would want to do if I were that person is to spend money unnecessarily. I only want to have clients who can actually benefit by the services that my firm provides.

    Many people do not realize, however, that by not retaining a good lawyer, they are often losing a lot more money than the lawyer would have cost them. There are just so many things to know and things that will likely affect the result, that most of the time it is “penny wise and pound foolish” for people to try to handle things on their own.

    Even if they have to borrow the money from friends or family, or use a credit card to pay the lawyer, most of the time it is worth it for people to retain good lawyers.

    My advice to you is that you should call a very experienced lawyer who devotes his or her entire practice to New Jersey family law matters. Don’t limit yourself to the ones who offer “free consultations,” because they are not necessarily the best.

    However, the lawyer you call should be willing to speak with you personally for a few moments, to get a basic sense for what is involved.

    The next step, if both you have a lawyer are comfortable, is to schedule an Assessment in which you can go over your situation in detail with that attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    If the lawyer’s office is not located near you, he or she may be willing to do the Assessment over the phone. Again, if you have to pay a fee for the Assessment, I think that it is worth it because the value of a really good lawyer’s advice is almost always more than the cost. (Just think about it. If you were sick, would you rather go to a doctor just because the first appointment is free, or to a much better doctor who charges you something for your first appointment and really helps you get better?)

    Even if the lawyer charges you a fee for the Assessment, the amount of that fee will pale in comparison to the Retainer that you will have to pay to a lawyer to handle your case going forward-- and you get the chance to evaluate whether or not you are comfortable with the lawyer, so that you don’t waste your money on a lawyer with whom you will not be comfortable and may not do the best job for you.

    Whether you contact me or another lawyer, I wish you the best.

    See question 
  • Ex spouse is deliberately going to violate the terms of our 3-month transitional deed release contract.

    Given our history, I am 100% certain my ex will not abide by the terms of the contract with regards to allowing real estate brokers in. Though court ordered to cooperate with this process, my ex's motivation is to screw me, and doesn't care about...

    David’s Answer

    Based on what you have said, I think that you should not wait to sue your ex for breach of contract after the foreclosure, because at that point the damage will have already have been done and there is no guarantee that you will be able to collect on any Judgment against your ex, even once you get the Judgment.

    There are steps that you may be able to take, to get a court order that your ex must vacate the house if there is no cooperation, or at least that there be a lockbox on the house so that the brokers have unimpeded access.

    If you do not already have a good lawyer, you need one.

    I understand that many people who have family law issues (such as yours) are reluctant to retain lawyers to represent them. Some say that they cannot “afford” a good lawyer-- and of course there are times when that seems to be true.

    I try to put myself in the position of each person who I talk to, and the last thing that I would want to do if I were that person is to spend money unnecessarily. I only want to have clients who can actually benefit by the services that my firm provides.

    Many people do not realize, however, that by not retaining a good lawyer, they are often losing a lot more money than the lawyer would have cost them. There are just so many things to know and things that will likely affect the result, that most of the time it is “penny wise and pound foolish” for people to try to handle things on their own.

    Even if they have to borrow the money from friends or family, or use a credit card to pay the lawyer, most of the time it is worth it for people to retain good lawyers.

    My advice to you is that if you don't already have a good lawyer, you should call a very experienced lawyer who devotes his or her entire practice to New Jersey family law matters. Don’t limit yourself to the ones who offer “free consultations,” because they are not necessarily the best.

    However, the lawyer you call should be willing to speak with you personally for a few moments, to get a basic sense for what is involved.

    The next step, if both you have a lawyer are comfortable, is to schedule an Assessment in which you can go over your situation in detail with that attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    If the lawyer’s office is not located near you, he or she may be willing to do the Assessment over the phone. Again, if you have to pay a fee for the Assessment, I think that it is worth it because the value of a really good lawyer’s advice is almost always more than the cost. (Just think about it. If you were sick, would you rather go to a doctor just because the first appointment is free, or to a much better doctor who charges you something for your first appointment and really helps you get better?)

    Even if the lawyer charges you a fee for the Assessment, the amount of that fee will pale in comparison to the Retainer that you will have to pay to a lawyer to handle your case going forward-- and you get the chance to evaluate whether or not you are comfortable with the lawyer, so that you don’t waste your money on a lawyer with whom you will not be comfortable and may not do the best job for you.

    Whether you contact me or another lawyer, I wish you the best.

    See question 
  • Free legal representation for family court, is there such a thing??

    2 questions. I have sole legal and physical custody of my children and I am looking to move out of state. My ex husband does not have the money for a family court lawyer therefore I don't foresee him fighting the move. He also recently advised me ...

    David’s Answer

    He can apply to Legal Services of NJ , but he is unlikely to be accepted in my view.

    He could also try to get a lawyer in private practice to agree to handle his matter without cost (and perhaps ask the court to order that you provide an advance to that lawyer for his counsel fees because of his financial situation). However, most good lawyers do require a Retainer.

    Do you have a lawyer? If not, you should have one. The issues that you reference in your question are very important ones and there is a lot at stake.

    I understand that many people who have family law issues (such as yours) are reluctant to retain lawyers to represent them. Some say that they cannot “afford” a good lawyer-- and of course there are times when that seems to be true.

    Many people do not realize, however, that by not retaining a good lawyer, they are often losing a lot more money than the lawyer would have cost them. There are just so many things to know and things that will likely affect the result, that most of the time it is “penny wise and pound foolish” for people to try to handle things on their own.

    Even if they have to borrow the money from friends or family, or use a credit card to pay the lawyer, most of the time it is worth it for people to retain good lawyers.

    My advice to you is that, if you do not already have a lawyer, you should call a very experienced lawyer who devotes his or her entire practice to New Jersey family law matters. Don’t limit yourself to the ones who offer “free consultations,” because they are not necessarily the best.

    However, the lawyer you call should be willing to speak with you personally for a few moments, to get a basic sense for what is involved.

    The next step, if both you have a lawyer are comfortable, is to schedule an Assessment in which you can go over your situation in detail with that attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    If the lawyer’s office is not located near you, he or she may be willing to do the Assessment over the phone. Again, if you have to pay a fee for the Assessment, I think that it is worth it because the value of a really good lawyer’s advice is almost always more than the cost. (Just think about it. If you were sick, would you rather go to a doctor just because the first appointment is free, or to a much better doctor who charges you something for your first appointment and really helps you get better?)

    Even if the lawyer charges you a fee for the Assessment, the amount of that fee will pale in comparison to the Retainer that you will have to pay to a lawyer to handle your case going forward-- and you get the chance to evaluate whether or not you are comfortable with the lawyer, so that you don’t waste your money on a lawyer with whom you will not be comfortable and may not do the best job for you.

    Whether you already have a lawyer, you contact me or another lawyer, I wish you the best.

    See question 
  • Can I write my own prenuptial agreement?? And it be legally binding?? If so how?

    Can I write my own prenuptial agreement?? And it be legally binding?? If so how? I only want to protect my house purchased and paid for solely by me but it will not be paid in full before my wedding. Nor do I ever want it to possibly lose it, the ...

    David’s Answer

    The best way to answer this question is: "This is not a legal question."

    Nothing stops anyone from trying to do his/her own document--just like nothing stops someone from trying to self-mediate and not see a doctor.

    The question is: Does that make any sense?

    I understand that many people with legal issues are reluctant to retain lawyers to represent them. Some say that they cannot "afford" a good lawyer--and of course there are times when that seems to be true.

    I try to put myself in the position of each person who I talk to, and the last thing that I would want to do if I were that person is to spend money unnecessarily. I only want to have clients who can actually benefit by the services that my firm provides.

    Many people do not realize, however, that by NOT retaining a good lawyer, they are often losing a lot more money than the lawyer would have cost them. There are just so many things to know and things that will likely affect the result, that almost all of the time it is "penny wise and pound foolish" for people to try to do things without a lawyer.

    Therefore, my advice to you is that you should call a very experienced lawyer who devotes his/her entire practice to New Jersey Family Law matters including Prenuptial Agreements.

    That lawyer should be willing to speak with you personally for a few moments, to get a basic sense for what is involved.

    The next step--if both you and the lawyer are comfortable--is to schedule a face-to-face meeting, in which you can go over your situation in detail with that attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    Whether you contact me or another lawyer, I wish you the best.

    See question 
  • Separated 10 yrs, no separation agreement. Is equitable distribution applicable only to years prior and up to separation date?

    No fault divorce. Married 17 years, separated (no separation agreement) 10 years, no children. Both parties self-supporting from the beginning, even before separation. Joint property, 401K, pension plan. Is equitable distribution for the entir...

    David’s Answer

    All of my colleagues' answers are good ones. These are important issues.

    If you don't already have a lawyer who is representing you, please let me add my perspective:

    I understand that many people who are going through a divorce are reluctant to retain lawyers to represent them. Some say that they cannot "afford" a good lawyer--and of course there are times when that seems to be true.

    I try to put myself in the position of each person who I talk to, and the last thing that I would want to do if I were that person is to spend money unnecessarily. I only want to have clients who can actually benefit by the services that my firm provides.

    Many people do not realize, however, that by NOT retaining a good lawyer, they are often losing a lot more money than the lawyer would have cost them. There are just so many things to know and things that will likely affect the result, that most of the time it is "penny wise and pound foolish" for people to try handling a divorce on their own.

    Even if they have to borrow the money from friends or family, or use a credit card to pay the lawyer, and then make monthly payments to the credit card company, most of time it is worth it for people to retain good lawyers. (By the way, I think that a "good" lawyer is one who doesn't cause a client to incur unnecessary charges and tries to reach reasonable settlements, which are always better than prolonged litigation that is expensive and has uncertain results--no matter what anybody tells you).

    Therefore, my advice to you is that--if you don't already have a lawyer representing you--you should call a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    That lawyer should be willing to speak with you personally for a few moments, to get a basic sense for what is involved.

    The next step--if both you and the lawyer are comfortable--is to schedule a face-to-face meeting, in which you can go over your situation in detail with that attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    Whether you already have a lawyer, contact me or another lawyer, I wish you the best.

    See question 
  • Should I call the police when I am ready to get my things out of her house? Can I ask for monetary assistance?

    Hello! Here is my current situation. My husband, who inherited a trust through his father is currently in rehab for substance abuse. This trust is a "non marital trust" which from what my mother in law tells me, I have no right over. She begged us...

    David’s Answer

    Your situation sounds like a legally complicated one, and there seems to be a lot at stake.

    Your best option is to call a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.

    That lawyer should be willing to speak with you personally for a few moments, to get a basic sense for what is involved. Don't accept talking to one of his/her Associates. If the lawyer is really interested in helping you, he/she will take the time to have a brief conversation with you.

    The next step--if both you and the lawyer are comfortable--is to schedule a face-to-face meeting, in which you can go over your situation in detail with that attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action.

    Whether or not I hear from you, I wish you the best.

    You definitely need toI believe that you should schedule an Assessment 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 and show the attorney all of the documents that you have.
    Don't necessarily choose a lawyer, just because the lawyer offers a "free consultation." A good lawyer's advice and guidance has real value. There is a lot at stake, and you should be willing to invest in your future.

    See question 
  • Can judge mandate husband to attend residential rehab and prohibit him from consuming alcohol/illegal drugs when with daughter?

    My husband and I were married in 1998. I was aware that was a recovering alcoholic, however he had 10+ years of sobriety before marriage. In 2000 he began abusing substances and alcohol again and entered residential rehab facility. Between 2000-2...

    David’s Answer

    Are you still married to him? If so, and there is no pending or previous divorce case or non-dissolution case, one will have to be properly prepared, filed and served, and only then can an application be made to the court.

    That application would seek to have the court order that you be granted sole custody of your daughter and that your husband have no contact with her until and unless he successfully completes a rehab program.

    I believe that you should schedule an Assessment 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.

    Don't necessarily choose a lawyer, just because the lawyer offers a "free consultation." A good lawyer's advice and guidance has real value. There is a lot at stake, and you should be willing to invest in your daughter's safety and your future.

    See question 
  • What can I do to keep it from becoming a final restraining order.

    I was served with a temporary restraining order. I don't want it to go on my record. More so because they are false accusations plus I plan to apply for a employment in a new state.

    David’s Answer

    I agree with all of the Answers which emphasize that you really need to retain a very experienced Domestic Violence lawyer and that, given what is at stake, you should not base your choice of a lawyer on which one will charge the least money.

    I would add that not all Judges who handle domestic violence cases are the same. Based on the address you have given, I presume that the case will be heard in Passaic County (Paterson). My understanding is that there are two Judges who handle Domestic Violence cases in Paterson: Judge Maron and Judge Adrianzen.

    I suggest that you ask any lawyer whom you contact whether he or she has represented a Defendant in a Passaic County Domestic Violence case and, if so, whether the lawyer has any experience with either of those Judges.

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  • Is it possible despite of the current situation to request and possible obtain sole custody?

    I have FRO against the NCP (a minor child was present from NCP previous relationship). The NCP has alcohol abuse problems and suicide threats in the past just to name a few. We had a custody evaluation done recently which was recommended we split ...

    David’s Answer

    Based on what you have said, the results of the custody evaluation and the statements of the judge seem very surprising.

    I believe that you should schedule a Case Evaluation as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Child Custody and other Family Law matters.

    Go over your situation in detail with the attorney and show the attorney all of the court documents.

    Don't necessarily choose a lawyer, just because the lawyer offers a "free consultation." A good lawyer's advice and guidance has real value. There is a lot at stake, and you should be willing to invest in your future.

    See question