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Paul H Townsend
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Paul Townsend’s Answers

40 total

  • If a bank account is opened after divorce is filed, is this now my property or does it need to be recorded

    does new bank accounts need to be shown with assets separation

    Paul’s Answer

    The other attorneys are correct this is an account that will have to be listed upon your case information statement. It does not mean that the other side is going to be entitled to equitable distribution of this account but it must be listed. I've had clients to tell me it doesn't matter, because it was filed after the complaint for divorce, but it does matter. You have an ongoing obligation to detail or list all of the accounts. Even once opened after the filing of a complaint. Once your case is done and you're divorced you no longer have any obligations such as this prior to the judgment of divorce you have an obligation. To conveniently forget this account would not be a good idea

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  • Are either attorneys allowed to show husband my bank or credit card statements and see items on statements?

    I don't want husband to see canceled checks and items on credit card statement due to privacy

    Paul’s Answer

    This is one of those questions that the answer is an easy one. You will not be able to hide or hold any checks or credit card receipts for any financial issues when you were getting divorced. Unfortunately, the issue of your support equitable distribution of the assets for all major theories and every divorce case. I've even had clients who have insisted that the other side simply wants the checks for the credit card statements to show the children of the family that one spouse was not faithful. And that particular case the judge ordered the checks in the credit cards be released because of the need for the court and the attorneys and whoever is on the other side to know the complete financial picture. The other attorney is correct that the account numbers can be blacked out not completely but enough so that you have a level of privacy to third parties. I remember everything that you've done prior to the divorce is subject to discovery discovery in the state of New Jersey is very free very open and very comprehensive.

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  • If my husband's lawyer's default for divorce gets approved by the judge, what's the next step I should do?

    My husbands lawyer filed a default divorce and I'm just worried that if he got it approved by the judge that I can't have a turn to speak to the judge during the final hearing. I'm just curious to what's gonna happen if they got it and if I will l...

    Paul’s Answer

    This is one that you really should not full around with. It is far more difficult to vacate default judgment then it is to participate in the preceding when a complaint for divorce is filed. The process to vacate the judgment horse is almost an automatic one. But a motion must be filed. If you do so by yourself , The judge may not grant the motion to vacate. I really think this one needs an attorney to help you and you get your case back on track.

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  • Filed for Divorce as irreconcilable differences .

    Can I deny counseling OR say NO to any means to get back to my spouse ? Can I share an apartment with the person who cares for me during the divorce process ? Can I share the expenses of accommodation with the person whom I love and get emotion...

    Paul’s Answer

    In New Jersey you have no affirmative obligation to attend marriage counseling or any other kind of counseling. As to your question regarding sharing an apartment, you have to do what you have to do To survive. They're always legal complications when you open bank accounts when you live with someone when you purchase property with someone. But simply sharing an apartment should not pose any significant risk to you or to them regarding the divorce.

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  • If i win Non-dissolution spousal support case and the alimony is enforced by probation and soon as i win my case i want to

    change my name back to my maiden name and the civil court judge grants it how can i make it easier to continue to get my Alimony benefits enforced by probation

    Paul’s Answer

    This is not a tough one. You have to get your name change in your divorce proceeding. Once you have the name change you should forward that order to the probation department who will continue to have the payments made with the new name. If probation does not do it with the order from the court that changed your name you may have to file a motion .The motion would be one where you have an order that compels the probation department now change the name from your married name to your new name.

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  • Should the school and the child care center follow a specific parenting time schedule ordered by the court?

    I am tired that my parenting time is violated by my ex. I have already spent thousand of dolars to establish a parenting time since ex has done evrything possible to exclude me from my son's life. Now that our child has school and got the surprise...

    Paul’s Answer

    Yeah the guys a ride when they tell you that you have to go to court. However, you could go to court yourself and do it on a pro se matter. That is you could go to court represent yourself . You could hire an attorney and they could go for you, but if you really want to get some action and relief from the court there's nothing wrong with going in asking for the forms and doing it yourself. This is not an overly complicated issue.

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  • Been divorced for a year from ex husband, have a small child. It is very hard to make decisions with him and he

    opposes a lot of decisions (doc visits whatever) then sends emails getting angry that I didn't 'consult him' when usually I did. He has a temper. I try not to respond to most of his angrier emails but it is difficult when coparenting with him and ...

    Paul’s Answer

    I am sorry to say that unfortunately you cannot have it both ways. Filing for a parenting coordinator is a good idea, but when you go to court on a good idea we can cross moving raise any issues any issue at all. So even though you are completely within your rights to request a parenting Cordinator it could be opening a can of worms

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  • Withdrew money from me and my ex-wife's account.

    I kept getting an alert from me and my ex-wifes bank that funds are available in our checking account. After the divorce we both didn't know that we still had a joint account open. Years before, I was added to this checking account by her, After ...

    Paul’s Answer

    • Selected as best answer

    You absolutely can fight this. If it is a joint account, that is both names are on the account than half of the counties yours. If it is listed in your property settlement agreement however and it says it goes to her that will be her money. But if this is an account that truly was "missed" then it will be subject to equitable Distribution. Dad here I'll yeah

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  • Am I intiteled to a house that my wife bought before we got married?

    My wife is thinking about divorce, & I wanted to know, am I intiteled to sharing a house we both live in that she had purchase, before we got married. We share a lot of the responsibilities for the hous.i have put a lot of work into this house, bu...

    Paul’s Answer

    This is one of those questions were you going to get multiple answers. The initial answer is if your wife purchased it prior to the marriage it will be a presumption that the asset is not subject to equitable distribution. However if a premarital asset was improved if a significant amount of funds marital funds were used to maintain or used to improve the ass because It could be subject to equitable distribution. If you're living in the marital home, she cannot kick you out even though the home is in just her name. Neither one of you can be kicked out of the home unless you give the other person the reason such as an action of the Mestic violence or you commit a crime against her. In this particular case a home really is your castle and you cannot be obligated to leave unless you do something wrong.

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  • Can my wife attain "legal separation", without my knowledge?

    We have been married less than 1 year. After only 7 months living together she asked me to leave "her" house. I had not yet sold my house, and moved back into it. I am holding out hope for restoration. I do not believe she will file for divorce...

    Paul’s Answer

    No your wife cannot obtain a legal separation without your knowledge. There is a matter called due process in American jurisprudence. Which means you have to be served with the document before anything can be enforced. Also, legal separation really is not a term that applies in New Jersey. A true legal separation is something that occurs in states other than New Jersey. Legal separation is when I preliminary document is filed prior to the actual divorce proceeding. That is not the process in New Jersey.

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