David F Salvaggio’s Answers

David F Salvaggio

Morristown Divorce / Separation Lawyer.

Contributor Level 14
  1. Ex husband hasn't complied with original divorce decree 2005 and 2nd court order 2012 to file QDRO and split pension, what next?

    Answered almost 2 years ago.

    1. David F Salvaggio
    2. Howard M Lewis
    3. Anneshia Miller Grant
    3 lawyer answers

    In New Jersey, this type of application is not called "Contempt," and there is no such thing as a "Motion to Show Cause." You could try to get the Court to enter an "Order to Show Cause," but the Family Court Judges in Sussex County (whom I have found to be very fair) probably will require that a file a Notice of Motion instead. That Motion is called a "Motion to Enforce Litigant's Rights" and it should be prepared, filed and served on your ex-husband as quickly as possible. That...

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  2. Should I provide documents required to my life ins trust to my ex lawyer to review it?

    Answered over 1 year ago.

    1. David F Salvaggio
    2. Jason David Roth
    3. Christian K. Lassen II
    3 lawyer answers

    I presume that you provided the mother's ex-lawyer with proof of life insurance, as ordered by Court, and that the trustee is not the mother. You should respond to the new lawyer and send the new lawyer a copy of the trust. In your response, explain who the trustee is, give the trustee's contact information (which the mother will require if you die), and explain why you named that person as trustee. If the mother wants to be named as trustee, and you don't want to do that, she will...

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  3. Do i get a judgement in my favor if my wife does not respond to my divorce complaint in 35 days ?

    Answered over 1 year ago.

    1. David F Salvaggio
    2. Scheherazade B Rastegar-Djavahery
    3. Lee Alan Thompson
    3 lawyer answers

    No. First, you need to file a Request to Enter Default and Certification of Non-Military Servicein the proper form after the expiration of the 35 day period. Then, if you are seeking anything other than a Judgment of Divorce (child support, alimony, equitable distribution or other relief), you will need to file in the proper form and properly serve on your wife a Notice for Final Judgment. After you do that, the Court will give you a date for your divorce hearing. You may want...

    9 lawyers agreed with this answer

  4. About to go through a divorce/custody and wondering how I can get a psych eval of husband...

    Answered over 1 year ago.

    1. David F Salvaggio
    2. Anthony J Van Zwaren
    3. Joseph F Defino
    4. David Alexander Browde
    4 lawyer answers

    I am glad to see you say that you and your husband "will try mediation about custody first." Unless there are other reasons why a Divorce Complaint needs to be filed right away, the two of you should retain a Mediator right away and get started with that process. Once a Divorce Complaint is filed, the nature of the court system is that both of you will unavoidably begin incurring a lot of legal costs--unless you choose to represent yourself which I do not recommend. However, if your...

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  5. What divorce from bed and board?

    Answered over 1 year ago.

    1. David F Salvaggio
    2. Andrew A Bestafka
    3. Jason David Roth
    4. Brad Michael Micklin
    5. Ronald Glenn Lieberman
    5 lawyer answers

    A divorce from bed & board (also known as a limited divorce) can be granted in New Jersey on the same grounds as a "regular" divorce . The granting of a bed and board divorce does not prevent either party from later applying to the court for a conversion of that divorce to a "regular" divorce, and that application will be granted. A judgment of divorce from bed and board does not terminate the legal marriage. However, it does fix the property rights of each party against the other....

    7 lawyers agreed with this answer

  6. How is this fair that my ex husband got to file a petition for modification but I was told I couldnt???

    Answered over 1 year ago.

    1. David F Salvaggio
    2. Melissa A Fecak
    3. Anthony J Van Zwaren
    3 lawyer answers

    I strongly recommend that you meet as soon as possible with a very experienced lawyer in Pennsylvania who devotes his/her ENTIRE practice to Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. I am not licensed to practice in Pennsylvania, but I believe that Pennsylvania (like NJ) has a statute which is simiilar to the New Jersey Child Custody Jurisdiction and Enforcement Act. Since...

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  7. How enforceable can be prenup that is signed without any lawyer representing me?

    Answered over 1 year ago.

    1. David F Salvaggio
    2. Aneliya M. Angelova
    3. Yolanda Navarrete
    4. Christian K. Lassen II
    5. A J. Williams
    6. ···
    6 lawyer answers

    Not necessarily. If you sign the agreement, and you later try to set it aside in court, you will need to prove, by clear and convincing evidence, that: A. You signed the agreement involuntarily; or B. The agreement was unconscionable when it was executed because you: (1) Were not provided full and fair disclosure of the earnings, property and financial obligations of your fiancee; (2) Did not voluntarily and expressly waive, in writing, any right to...

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  8. How can I tell if my husband really filed for divorce? Its been 4 months and i cant seem to get the divorce decree?

    Answered almost 2 years ago.

    1. David F Salvaggio
    2. Andrzej Piotr Szymanski
    3. John B. D'Alessandro
    4. Ronald Glenn Lieberman
    5. Marina Ginzburg
    5 lawyer answers

    You should call the Superior Court in the County in which you think that he filed, ask for Family Court Records and give both your name and your husband's name. If he actually filed, there should be a record there.

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  9. Is it possible to terminate alimony by consent order or does a motion have to be filed?

    Answered about 2 years ago.

    1. David F Salvaggio
    2. Bari Zell Weinberger
    3. Andrzej Piotr Szymanski
    4. David Alexander Browde
    5. David Perry Davis
    6. ···
    6 lawyer answers

    As long as the wife agrees and signs the Consent Order, your brother ought to be able to do it that way. However, some Judges require formal Motions for this sort of thing. Your brother should check before submitting the proposed Consent Order. In any event, the proposed Consent Order needs to be very carefully worded. First of all, the termination date of both the alimony and child support needs to be absolutely clear. Second, the Consent Order needs to expressly state that any "...

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  10. If you die as you go through a divorce does the other litigant inherit your assets in NJ?

    Answered over 1 year ago.

    1. Curtis James Romanowski
    2. Andrew A Bestafka
    3. David F Salvaggio
    4. David R Cardamone
    5. Michael T Warshaw
    5 lawyer answers

    The answer is: "It depends." First of all, if you don't have a Will, you should prepare one right away. If you have a Will but it leaves everything to your wife, you should change your Will or do a new one right away. Your Will needs to leave your assets to the people who YOU want to get them if you die before the divorce is final and there is either an Agreement or a Court Judgment regarding their distribution. ****Keep in mind that all assets which are titled the joint names...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

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