Darren Charles O'Toole’s Answers

Darren Charles O'Toole

Manasquan Divorce / Separation Lawyer.

Contributor Level 6
  1. Wife had DWI 3 years ago, Rehab, etc. Before filing want to make sure will have little or no alimony to pay

    Answered 9 months 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

  2. 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 9 months 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

  3. 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 9 months 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

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

    Answered 8 months 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

  5. 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 9 months 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

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

    Answered 9 months 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

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

    Answered 9 months 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

  8. 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 over 1 year 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

  9. Can i get advice on either reducing child support and/or emancipation after my income has changed from retirement?

    Answered 9 months ago.

    1. Jason David Roth
    2. Amy B. Hansel
    3. Darren Charles O'Toole
    4. David R Cardamone
    5. Brad Michael Micklin
    6. ···
    6 lawyer answers

    I would suggest that you gather all your paperwork and meet with a family law attorney. If you have suffered a substantial change in circumstances you can file a motion for modification. In addition, upon the emancipation of a child, child support for that child should cease and child support should be determined for the remaining un-emancipated child. Assuming you have a divorce Agreement, this document could be critical to the analysis of your questions. Any previous Court Orders and...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Appeal Restraining Order Domestic Violence

    Answered 8 months ago.

    1. Darren Charles O'Toole
    2. Jason David Roth
    3. Curtis James Romanowski
    3 lawyer answers

    What is your question? If the question is can You appeal and the answer is yes you can appeal the decision of the trial court to the Appellate Division. If your question is the timeframe for which to file the appeal the answer is 45 days. If your question is the likelihood of success on appeal it is impossible to answer that question based upon the manner in which your question was framed however I suggest you consult with an experienced attorney to further discuss the matter

    1 lawyer agreed with this answer

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