Gary L. Borger’s Answers

Gary L. Borger

Cherry Hill Family Law Attorney.

Contributor Level 7
  1. What is proposed final judgement of divorce mean?

    Answered 12 months ago.

    1. Christian K. Lassen II
    2. Ivan Raevski
    3. Gary L. Borger
    4. Christopher Daniel Leroi
    4 lawyer answers

    It is merely a judgment drafted (worded) by an attorney to be presented to the judge to sign (if the other attorney agrees with how it is worded and the judge finds it acceptable). It is not a legal document until it is signed by the judge.

    1 lawyer agreed with this answer

  2. My husband has filed for divorce and i'm taken a little offguard i've never hired a lawyer before and i'm a little panicked.

    Answered 12 months ago.

    1. David R Cardamone
    2. David F Salvaggio
    3. Jennifer Lee Marshall
    4. Ronald Glenn Lieberman
    5. Gary L. Borger
    6. ···
    7 lawyer answers

    Being panicked when you find out that your spouse is seeking a divorce is a natural and appropriate emotional response.. That is why it is important to meet with a knowledgeable, experienced and emotionally supportive attorney (while also considering meeting with a psychologist or family therapist to work on the emotional aspects of divorce, something too few people going through divorce do). An experienced attorney who concentrates his or her practice in family law will take away much of the...

    1 lawyer agreed with this answer

  3. Can i get back money i lent to my husband?

    Answered over 4 years ago.

    1. Gary L. Borger
    2. Ronald Glenn Lieberman
    2 lawyer answers

    You can seek repayment of the loan in your divorce proceedings. While a transfer of funds between relatives in NJ is presumed to be a gift, since he acknowledged in text messages that it was a loan, you can use those text messages (if you saved them) to overcome the gift presumption.

    1 person marked this answer as helpful

  4. Can u get a court appointed lawyer in nJ if you cant afford a divorce lawyer??? The wife has a lawyer

    Answered 12 months ago.

    1. David F Salvaggio
    2. Anthony J Van Zwaren
    3. Ivan Raevski
    4. Gary L. Borger
    4 lawyer answers

    No; NJ does not consider a divorce the type of legal proceeding that constitutionally requires appointment of a lawyer as would be the case with a criminal proceeding that could result in loss of freedom (incarceration).

  5. Prenup and a Police Pension.

    Answered over 4 years ago.

    1. Gary L. Borger
    2. Andrew John Economos
    2 lawyer answers

    A pre-nuptial (also called a pre-marital agreement) can include a waiver of the right to share in pension benefits of the other party. Such an agreement should be drawn up by an experienced family law attorney licensed in NJ well before the marriage date to give the other party time to have it reviewed with independently chosen legal counsel. If the pension is not yet in pay status (i.e., you are not yet retired), it can be excluded in a pre-marital agreement from sharing (division) at the...

  6. Divorce

    Answered over 4 years ago.

    1. Gary L. Borger
    2. Ronald Glenn Lieberman
    3. Andrew John Economos
    3 lawyer answers

    You can file for divorce in NJ after you have lived here for 12 months. (The one exception is if the basis for divorce is adultery, there is no waiting period.) However, unless your wife lived in NJ, works here, owns property here, or has some other connection with NJ other than you living here, all a judge can do in NJ is divorce you, i.e., the judge cannot distribute property or debt, or award alimony. If there are children of the marriage, there are other rules that determine whether the...

  7. Child Support and/or Health Insurance Coverage

    Answered over 4 years ago.

    1. Gary L. Borger
    1 lawyer answer

    Since your child's mother has health insurance for your daughter through her employment (and at no cost to her as a teacher), a judge would not make you pay for secondary health coverage for the child. Unless health insurance coverage for your daughter costs her mother money (from her paycheck, for example, and you said it doesn't), you do not have to pay anything to the mother of the child because her employer is providing health insurance for your daughter.

  8. Are there regulations for limiting overnight visitation when a child is two and under?

    Answered over 4 years ago.

    1. Gary L. Borger
    2. Ronald Anthony Sarno
    2 lawyer answers

    There are no specific guidelines in NJ by statute, case law or regulations that define when a parent can have a child stay overnight nor for how many consecutive or frequent overnights. It is up to the judge who is assigned the case, and different judges have different predispositions for overnights with young children. The first thing to do is start slowly and see if your daughter's father will agree to only one weekend overnight per week or every other week. He may agree. If he doesn't...

  9. Child lives with me,sees father alternate weekends ,I would like to move to PA,about an hour and 15 moms away,will I be allowed

    Answered over 4 years ago.

    1. Gary L. Borger
    1 lawyer answer

    NJ has a law that affects parents of children born in NJ or who have lived here for five years. That law requires that parent seeking to relocate a child to live out of state to obtain the other parent's consent or to obtain a court order allowing the relocation of the child. (There is a third exception, the child's consent, but I have never seen a judge rule based on that.) You need to have a good faith, legitimate reason for moving (i.e., not just to take the child farther away from the...

  10. What is the emancipation process & when paying for college do the same guidelines apply as in child support for how much I am to

    Answered over 4 years ago.

    1. Gary L. Borger
    1 lawyer answer

    In NJ, emancipation occurs when the child has completed his/her formal education, so long as that is on a full-time basis (although some gaps in education like a semester off have not resulted in permanent emancipation), or has married, entered the military, or working full time. If the parents agree that the child is emancipated, it is a good idea to enter into a Consent Order to be submitted to a judge to sign and file declaring the child emancipated; if one parent feels the child should be...