Darren Charles O'Toole’s Answers

Darren Charles O'Toole

Manasquan Divorce / Separation Lawyer.

Contributor Level 6
  1. Why do I have to stay in the same residence with soon to be ex?

    Answered 15 days ago.

    1. Darren Charles O'Toole
    2. Robert Francis Davies
    3. William J Popovich
    3 lawyer answers

    There are many reasons why people continue to reside together while their divorce is pending. Some people choose to live together for financial reasons. Others feel that they would be disadvantaged in negotiations should they not reside in the home. Custody issues can often impact where people live while their divorce is pending also. Ask your attorney the basis for their recommendation.

    7 lawyers agreed with this answer

  2. Wife had DWI 3 years ago, Rehab, etc. Before filing want to make sure will have little or no alimony to pay

    Answered over 1 year ago.

    1. Jason David Roth
    2. Darren Charles O'Toole
    3. Marina Ginzburg
    4. David R Cardamone
    5. Andrew A Bestafka
    6. ···
    6 lawyer answers

    There is a statute on alimony addressing all the relevant factors. I strongly suggest you consult with an experienced attorney in your area.

    7 lawyers agreed with this answer

  3. My disable wife is walking out on the marriage of 4.5 years; nothing is in her name or is her responsibility what can she take.

    Answered over 1 year ago.

    1. Darren Charles O'Toole
    2. Jason David Roth
    3. Amy B. Hansel
    4. David R Cardamone
    4 lawyer answers

    In New Jersey, property is divided by way of Equitable Distribution. This does not necessarily mean an equal division of property and assets. Statutory factors used to determine property distribution include: 1.The duration of the marriage 2.The age of the parties 3.The physical health of the parties 4.The emotional health of the parties 5.The income brought to the marriage by each party 6.The property brought to the marriage by each party 7.The standard of living established during the...

    5 lawyers agreed with this answer

  4. What can I do if my ex spouse has not moved out of the marital home as set forth in the divorce decree and legal agreement.

    Answered over 1 year ago.

    1. Andrew A Bestafka
    2. Laura Ruvolo Lipp
    3. Darren Charles O'Toole
    4. Thomas S. Durst
    5. David R Cardamone
    5 lawyer answers

    File an enforcement of litigants rights motion and seek sanctions for his failure to comply with the terms set forth in the Agreement.

    4 lawyers agreed with this answer

  5. How difficult will it be to move out of state with my child if his father fights me on it?

    Answered over 1 year ago.

    1. Darren Charles O'Toole
    2. Laura Ruvolo Lipp
    3. Thomas S. Durst
    4. Andrew A Bestafka
    5. Curtis James Romanowski
    5 lawyer answers

    There are many factors that the court considers when a parent applies for permission to move out-of-state with a child. However it sounds as if you have a strong good faith reason for the move. Generally a parent seeking removal will file a motion in the Superior Court if they cannot obtain the consent of the other parent. I strongly suggest that you consult with an experienced attorney who can advise you as to the relevant case law and applicable factors.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I brought a home in Sept. in my name only which my husband didn't move into, due to mental cruelty on his part

    Answered over 1 year ago.

    1. Hanan M Isaacs
    2. Darren Charles O'Toole
    3. John A Patti
    4. Curtis James Romanowski
    5. Jason David Roth
    6. ···
    6 lawyer answers

    Sounds like your should file for divorce and file a pendente lite motion for support. You should consult with an attorney and provide all financial and relevant information.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. How many day do I have to file a reconsideration after I received the Plenary Hearing Opinion? Write letter form or use packet!

    Answered 10 days ago.

    1. Darren Charles O'Toole
    2. Christian K. Lassen II
    3. David Perry Davis
    4. Catherine A Ross
    4 lawyer answers

    20 days - have to file a formal motion - not letter

    3 lawyers agreed with this answer

  8. Do lawyers in NJ use the threat of a restraining order against fathers to gain a legal advantage in the family court system?

    Answered over 1 year ago.

    1. Yolanda Navarrete
    2. Darren Charles O'Toole
    3. Ronald Glenn Lieberman
    4. John A Patti
    5. Mark M Cheser
    6. ···
    6 lawyer answers

    The prevention of domestic violence act serves as necessary protection to people who are victims of domestic violence. Unfortunately often times in matrimonial litigation same is used as a sword rather than a shield. There are steps that you can take to protect yourself from a spouse you believe may make false allegations against you.

    3 lawyers agreed with this answer

  9. If you have a valid prenuptial agreement can a attorney just ignore it in NJ?

    Answered over 1 year ago.

    1. Darren Charles O'Toole
    2. Yolanda Navarrete
    3. Robert J Adams Jr.
    4. Martin L Bearg
    5. Brad Michael Micklin
    5 lawyer answers

    There are a number of statutory reasons that a prenuptial agreement may be determined not to be enforceable depending on the agreement and the circumstances under which same was executed.

    3 lawyers agreed with this answer

  10. I am suing my ex-husband for more alimony and I have to write the rebuttal to his cross motion. How should I answer him?

    Answered about 2 years ago.

    1. Stephanie Canas Hunnell
    2. Jeffrey Alan Kerstetter
    3. Darren Charles O'Toole
    4. Jay Bodzin
    4 lawyer answers

    I strongly suggest that you consult with an attorney. There are procedural requirement and Rules of Court, applicable case law and statutes that are applicable. However, as Ms. Hunnell indicates there is no way to properly advise you without reviewing the application filed.

    2 lawyers agreed with this answer

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