How can NJ allow a divorce to continue for 5 years because the husband (a lawyer) abuses the system by making false claims?

Asked over 3 years ago - Hillsborough, NJ

It has been five years and my dear friends husband will not give up. He is a lawyer and has worked backwards to identify every reason to keep them in court. He has charged her with everything in the book, with nothing to support his claims, simply because he does not want to get divorced. She has a six-figure debt of legal fees. In his obsession, he has lost his job and is living with his mother, with all of his focus on keeping them legally married. He is cruel to their daughter and she suffers as a result. How can she extricate herself from this terrible situation and why do the NJ courts allow this type of behavior? Is there any precedent anywhere, that would afford her the chance to be free of this ongoing stress? What is her recourse?

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    2

    Lawyers agree

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    Answered . Very good questions, your friend needs to work wtih her attorney and make a time line of what has occured and all of the things her husband has done to frustrate the process and file a motion for expenses against him, if this starts costing him money he will stop it.

  2. David Perry Davis

    Contributor Level 17

    Answered . Unfortunately, there's no magic wand in this situation. If the case really has been going on for five years, you're getting close to breaking some records in Somerset County.

    I suspect there's some intransigence on both sides - she's asking for things he's not willing to give. Any case would resolve if she just said "fine - what do you want?" (I'm not suggesting she do that, but it takes two to keep a case going).

    Best thing I can suggest is that, if he really is putting forth frivolous and litigious positions, you need to hope a judge will see it at the end of the day and require that he pay her counsel fees. I also suggest (including to my own clients!) that it's never a bad idea to get a second opinion when a case is getting out of hand. Meet with another good attorney and see if a fresh look / perspective might ave suggestions to move the case to completion more quickly.

  3. Ronald Glenn Lieberman

    Pro

    Contributor Level 18

    Answered . Your friend really needs to consult with an attorney familiar with family law because I never heard of a divorce taking 5 years these days in New Jersey.

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