Thomas S. Durst's Answers

Is it legal to tape someone in new jersey if you are part of conversation and can you use in a divorce proceeding?

Be very careful when recording conversations in NJ. You may record any conversation to which you are a party. Keep in mind that the entire recording can be used as evidence so you must be sure there are no damaging statements by you on the recording. Under very limited circumstances you may record a conversation between a child and the other parent but you should consult with an attorney before doing so.

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Equitable Distribution

While those assets (or at least the values created during the marriage) may be subject to equitabl distrbution, keep in mind that "equitable" does not automatically mean "equal". The division of assets is governed by the factors enumerated in the equitable distribution statute.

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Is the waiting period 18 months for a divorce in NJ?

There is no 18 month waiting period to file a divorce. The only requirement is that you have been a resident of NJ for one year or more preceeding the filing. Separation for 18 months is one of the grounds for divorce in NJ. As other responses state, you have rights and you should proceed quickly with findng an attorney who can protect your rights and interests.

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How will our marriage affect alimony and child support which my fiancee receives from her ex?

Generally speaking, her alimony will terminate immediatley and automatically upon her remarriage. Child support could be affected depending on the circumstances but would not terminate.

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Alimony Calculation

This ruleof thumb has been around for a long time. However, a recent court decision specfically instructed judges not to use it when determining the appropriate amount of alimony. Such decisions must be based on the statutory factors, the case law and the facts of your particular case.

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Could my wife force separation or divorce in the state of NJ?

In NJ, one spouse can obtaina divorce w/o the consent and even over the objection of the other spouse. If she wants a divorce she will be able to get one. The two of you cannot use one attorney. You may use a mediator together but you should each have your own attorney for advice and guidance.

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How can I postpone response/cross motion?

If you require additional time to obtain an attorney and file a response you should contact the clerk for the judge handling the matter, in writing, ASAP. As for the likleey outcome, there is simply not enough information in your post to offer an opinion.

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Default hearing in 2 weeks. Now my husband is responding and counter claiming the intial defualt. can the judge grant him that?

A judge would be inclined to vacate the default and give your husband the opportunity to participate in the case. Deadlines will be set for him to Answer and the proposed Notice fo Final Judgment will not be implemented. It is as if the case is starting over.

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What happens to my alimony and child support if I remarry?

Alimony automatically terminates upon you remarriage regardless of your new economic circumstances. Child support would then be recalculated.

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Subpeona bank records for family court divorce proceeding

If his name is on the account or if he has use/access to the account then you should be able to get the records. Have you issued discovery and requested the bank statements? There is no easy "fix" and you should consider a consultation with an experienced family law attorney since the absence of these records could have a profound impact on the ultimate resolution of your case.

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