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Kenneth A White
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Kenneth White’s Answers

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  • Can I get a TRO dismissed without a lawyer if i have digital evidence of contact from my ex GF just prior ?

    She starts having a relationship with some other guy and her mom blocks my phone # so my ex tells me to use an app to contact with a different number and also message via facebook. Her mom sees the random numbers by following the verizon account b...

    Kenneth’s Answer

    Understand that being accused of violating the Prevention of Domestic Violence Act is a very serious allegation that carries very serious, permanent consequences in the event you are found guilty.

    Whether you need an attorney or not is dependent on you, and how comfortable you are appearing before a Judge; properly presenting evidence; knowing what to object to (if appropriate); and otherwise defending yourself. There are no do-overs. If you make a mistake you will likely live with the mistake permanently.

    Having made that statement, I note that in excess of 50% of litigants appear in the family court without attorneys on a daily basis. Accordingly, having an attorney is not mandatory.

    Best of luck going forward.

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  • What can I do to keep it from becoming a final restraining order.

    I was served with a temporary restraining order. I don't want it to go on my record. More so because they are false accusations plus I plan to apply for a employment in a new state.

    Kenneth’s Answer

    You need to be prepared to mount a proper defense. If you have no specific experience appearing in court; making objections; taking cross-examination; and presenting your case you should be retaining an experienced Family Law Attorney to represent you. Please keep in mind that there are no second chances, you cannot appear in court, lose, and ask for a do-over. You only get one chance to mount a proper defense.

    Accordingly, you should meet with an experienced Family Law attorney as soon as possible, so he/she can review with you all the relevant facts and circumstances, and assist you in mounting a proper defense (or potentially an amicable settlement).

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  • How will this affect me in the long run? Will this stay permanently in my record?

    I was served with a domestic violence and temporary restraining order. However, there was so physical contact whatsoever, only exchange of words.

    Kenneth’s Answer

    Understand that being found guilty of violating the Prevention of Domestic Violence Act is the same whether you are accused of exchanging inappropriate words with the plaintiff or if you had caused sever physical harm to the plaintiff. There is simply no distinction. Each violation is treated the same, and if found guilty you are found guilty of committing Domestic Violence.

    This is a serious situation that you must take seriously. Therefore, you should consult with an experienced Family Law attorney immediately.

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  • Will a temporary restraining order go on my record?

    I was served with a temporary restraining order.

    Kenneth’s Answer

    Understand that being accused of violating the Prevention of Domestic Violence Act is a serious matter. If you are found guilty a Final Restraining Order will be entered against you, and in the State of New Jersey Final Restraining Orders are effectively permanent.

    Therefore, you should consult with an experienced Family Law attorney immediately to assure that you understand everything that is involved with your current situation, as well as make sure that your rights are protected.

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  • Divorce

    Hey There, We want to file for Uncontested or No fault divorce, we got separated in august 2015 , when I see filling instruction New jersey law says couple has to be separated at least 6 months to file for divorce that's mean I have to wait ...

    Kenneth’s Answer

    There is no need to be living separate and apart for any period of time. To file a Complaint for Divorce you need to allege a cause of action. In New Jersey there are several causes of action you can allege. For example, you can allege that your spouse and yourself suffered irreconcilable differences for a period of six months (this is currently the most common cause of action). Other causes of action could be having been separated for a period of 18 months; adultery; extreme cruelty; etc... However, I want to emphasize that the most commonly plead cause of action is irreconcilable differences.

    Best of Luck,

    Kenneth A. White, Esq.

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  • Divorce

    I am planning for divorce this November , NJ laws says it will take 2 months to get divorce certificate. Do i need to file join tax returns for 2015? considering the fact December will have couple of holidays and i wil be getting divorc...

    Kenneth’s Answer

    Your tax filing status, whether you can file as a single vs married, is based on your marital status on December 31st of each year. Therefore if your divorce is not final by December 31st you must file as married, whether jointly or separately.

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  • RESTRAINING ORDER IMMEDIATE HELP NO LAWYER AND SPOUSAL ABANDONMENT

    I don't have a lawyer my date is tomorrow my wife abandoned me my son 2 months ago and I found out someone had her car and I confronted him then she placed a false restraining order because I he was using her. I just got served a day before and it...

    Kenneth’s Answer

    In a perfect world you would consult with and retain an attorney to go to court with you tomorrow. If you are unable to retain an attorney in time, when you arrive in Court tomorrow, you should immediately explain to the Sheriff Office and ultimately the Judge that you need an adjournment as you wish to retain an attorney and had only been served with the TRO a day earlier.

    Additionally, you will want to seek an Amended TRO. The reason for the Amendment is to address the custody issue, i.e. you can explain to the Judge the fact pattern you accounted for in your question detailing how you have maintained primary, residential custody, and ask that the Judge maintain that "status quo" pending a final resolution.

    If you are able to secure the assistance of an attorney in time, with the help of that attorney you would explore confirming a settlement of any and all relevant issues.

    Best of luck,

    Kenneth A. White, Esq.

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  • I was married in NYC and I have been living in NJ which state for past 3 years. Which state should/can I file for divorce.

    married 5 yrs no children together. I the wife have a house which I purchase during our relationship. However only my income and name is on the house. I got the loan based on my credit and employment income, along with savings. Can the soon to be ...

    Kenneth’s Answer

    If you and your husband have maintained your primary residence in New Jersey for at least the past year your divorce would be addressed in New Jersey and the laws of the State of New Jersey would apply.

    As all assets amassed during your marriage are subject to equitable distribution your husband likely has a claim to share in the equity existing in the house. For a reliable/ detailed answer you should consult with an experienced family law attorney.

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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...

    Kenneth’s Answer

    You spouse cannot require or otherwise force you to get divorced. If you no longer wish to be married to your spouse you will be able to separate from him/her and ultimately secure a divorce.

    Whether you should share an apartment with a third party or otherwise get involved with a new partner right away is more complicated as it may impact your rights.

    For reliable advice regarding what you should do I must recommend that you consult with an experienced Family Law attorney in your area.

    Kenneth A. White, Esq.

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  • Need a Divorce or real-estate attorney

    Is it possible to get into a mutual legal binding agreement during our marrage that if divorce is to happen I can keep 100 of the house?

    Kenneth’s Answer

    If you and your spouse can come to a mutually acceptable agreement regarding such terms and conditions, the same can be placed into a "binding agreement."

    Whether such an Agreement will be enforceable in the future will depend on many additional facts and circumstances, i.e. was the agreement "fair and reasonable," etc...

    For a reliable opinion you should consult with an experienced family law attorney who can take the time to review with you "all" relevant facts and circumstances.

    Kenneth A. White, Esq.

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