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Rosalyn Cary Charles

Rosalyn Charles’s Answers

71 total


  • My husband asked for a divorce in April 2011. He has yet to file. Things are getting worse and he is mentally and...

    verbally abusive. I am disabled and looking for a Dr. to help me with disability. I also have friens in dayton that are willing to help me find the proper doctors and let me stay with them until the divorce is final and I can make it on my own. ...

    Rosalyn’s Answer

    Dear Columbus,

    I practice in NJ and thus my comments on your scenario are guided by NJ law. However, in general, the laws of most states are similiar on this issue for most states have no fault divorce laws. Typically, leaving the marital home has no impact on whether or not you are entitled to alimony. Awards of alimony are dictated by some if not all of the following: the length of marriage, the differential in income, an ability to pay and the needs of the individual spouse.

    Please consult with a lawyer in your area. That individual should be a position to analyze the financial condition of both you and your spouse and give you an idea of what could be considered a reasonable award of alimony.

    Good Luck.

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  • Property settlement in LA. Since I have a judgement awarding me the house do I have to have him sign the selling papers?

    I cant afford an assumption. I am selling the house. I have my judgement for the property awarding it to me. But his name is still on the mortgage. Is the judgement all I need saying that its mine? Can I change the deed and not the mortgage? Does ...

    Rosalyn’s Answer

    Dear Lake Charles,

    I have a divorce and family law practice in New Jersey. Typically, when one spouse is awarded the marital home upon divorce such is not only outlined in the judgment of divorce and any attached property and settlement agreement but the receiving spouse also obtains a quit claim deed from the X. A quit claim deed would pass whatever title/interest that person has in the property to you. Thus upon receipt and filing of this document with the register of deeds in the county/parish, you are free to sell the home and need no additional signatures because you are then the only one on title.

    Regarding the mortgage, if only your name is on the deed and you are able to sell the property for a sum that will pay off the mortgage, its no need to be concerned about who is on the mortgage.

    I would suggest you consult with an attorney in state.

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  • Ex-wife causing all sorts of issues - what can she legally do?

    My ex wife and I divorced a little over 2 years ago. Since then she has caused endless issues and dragged my new wife into them. I got the house in the divorce, and in the agreement that it says I will make every reasonable and good faith effort t...

    Rosalyn’s Answer

    Dear Hartland,

    Without the benefit of reviewing the terms and conditions of your final judgment of divorce and the property and settlement agreement, it is difficult to access the full remedies that may be available to your X wife in this instance. She may motion the court to enforce her right to receive her share of the equity in the marital home and any other payments due her pursuant to your divorce. However, you may likewise motion the court to obtain some relief from this obligation due to your change in circumstance. The court will thus have to weigh what is fair and equitable in your present day situation.

    Additionally, it is typically only your income that comes into play while making any determination regarding child support. Your current wife financial position should not play a role in such matters. However, the court could factor into any equation your current wife's ability to sustain your family when he/she decides if you can afford to meet the obligations to your X wife.

    Finally, your X cannot harrass you or your family. The behavior you describe is not only offensive but may amount to Domestic Violence.

    I suggest you consult with a family law attorney in your area to address all of your concerns.

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  • Married 32 years entered marriage with house w/no mortgage two grown children later have mortgage Wife does not and has not con

    Married 32 years entered marriage with house w/no mortgage two grown children later have mortgage Wife does not and has not contributed to household expenses in any way works spend her money on what she wants does she have any right to any part o...

    Rosalyn’s Answer

    Dear Manchester,

    If the home you speak of served as the marital residence, whether your spouse contributes or not she has an interest in the the property. The question to be resolved after a full disclosure of both you and your spouses financial picture is how much of an interest. The baseline answer is 50% of the equity in the property. However, this figure can be the subject of negotiation between the parties. I suggest you consult with a family law attorney in your area.

    Good Luck.

    DISCLAIMER
    This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense or occurrence is situated; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where the matter maybe filed.

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  • Do I need to have my QDRO filed in court & signed by the judge?

    I had a divorce several years back. In the agreement and final order it awarded me a share in his retirement plan. Now he is about to retire, so I contacted the company. They sent me back a notice saying that the final order was not sufficient and...

    Rosalyn’s Answer

    Dear Jacksonville,

    I practice divorce & family law in New Jersey. The requirements for a QDRO are typically the same nationwide in as much of the guidelines governing this type of distribution are based on federal law. Every QDRO I have prepared or had prepared ultimately had to be signed by a family court judge before the retirement fund would act.

    I would suggest you consult with a family law attorney in your state.

    Good Luck,

    DISCLAIMER
    This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense or occurrence is situated; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where the matter maybe filed.

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  • Is the 2nd wife entitled to money her soon to be ex gained from 1st divorce?

    My niece is getting divorced and my heart breaks for her. She dated a man whose divorce had been dragging for years prior. He got about $15K from his divorce, married my niece, then was laid off for two years. He got another job, didn't touch the ...

    Rosalyn’s Answer

    Dear Newark,

    I agree with the two prior posts. The question to be answered by the courts is whether or not the funds received by your neice's husband could be considered an asset of your neice's marriage. This typically rests upon whether or not the funds were co-mingled. You seem to hint that at least some of the funds were in fact co-mingled.

    Please have your neice consult with a family law attorney.

    DISCLAIMER
    This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense or occurrence is situated; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where the matter maybe filed.

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  • My ex and I were together for ten years. We have 2 kids and a mortgage payment. We never married. She decided she wants to be

    with another man. I want to move out of our house because being around her is too much anymore. I'm just worried that later on it will look bad on me if I moved out. People tell me it will look like I left my family, which is not the case. I still...

    Rosalyn’s Answer

    Dear Porterville,

    I agree with the previous answer.

    Consider this, if the home is titled in both of your name and that of your X and you plan to let her keep the home, you may want to develop a means to extract your equity from the property. Also, if your name is on the mortgage, it should come off. You can resolve such issues, by arranging for your X to buy you out of the home. She can do so by refinancing the property where she would hold title and in her name and bear sole responsibility for the new mortgage. Upon the refinance of the property, she should receive funds to satisfy your interest in the property.

    Good luck and seek the advise of a family lawyer in your state.

    DISCLAIMER
    This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense or occurrence is situated; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where the matter maybe filed.

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  • Are both parties in marriage responsible for stepson's debt cosigned by the wife.

    My wife cosigned on a debt consolidation loan for my stepson. He is now considering filing bankruptcy because of other debt he also has and a current lack of a job that pays enough to pay on these debts. My wife and I are in the process of getti...

    Rosalyn’s Answer

    Dear New Ulm,

    Whether or not you are legally responsible for this debt/obligation your wife incurred on behalf of your son would largely depend, if after consideration of all of the marital assets & liabilities, this debt is considered a debt of the marriage.

    There are a number of questions that need to be answered first, among them are as follows: At the time she entered into this agreement was your son emancipated or was he in school? Was your son living with you and your wife at the time she obligated herself? Did you encourage your wife to assume this obligation?

    Whether or not this debt is ultimately considered a debt of the marriage is in my opinion somewhat beside the point. The right thing to do, barring some extreme circumstance, is to relieve your soon to be X of this obligation and resolve the difference with your son. You can accomplish this of course by paying the debt outright or making resolution of same part of the final judgment for divorce and property and settlement agreement.

    I would advise you consult a family law attorney in your state.

    DISCLAIMER
    This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense or occurrence is situated; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where the matter maybe filed.

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  • Do I have right to enter property?

    Divorced spouse. I have moved out of house and living on my own. Spouse still living in house until the property can be sold. We are each paying half of mortgage. Do I have right to enter house at anytime with or without spouse's permission since ...

    Rosalyn’s Answer

    Dear Grants Pass,

    Unless there is a court order stating that you no longer have access to the marital home you are free to enter. However, since you have moved out and established residence elsewhere, it would be wise to reframe from entering the home. I am not aware of the relationship that exists between you and your spouse, however, the mere fact that you are asking the question seemingly indicates that you don't feel comfortable with the situation or a prior conversation with your spouse resulted in no permission given.

    If you enter the home, proceed at your own risk. Criminal charges like trespass or burglary could be lodged but not sustained. I do imagine if you enter without permission, if nothing else, the next thing that will happen in the context of the divorce is that the judge may enter an order barring you from the residence.

    Proceed with caution.

    Please consult with a family law attorney in your area on this issue.

    DISCLAIMER
    This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense or occurrence is situated; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where the matter maybe filed.

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  • Can I be kicked out of my house without being evicted when I have lived there for four months and have paid bills?

    And can my ex-boyfriend put a restraining order on me when I haven't done anything or made any threats? He has also changed the locks to the house where we both were living and have put my clothes on the front porch telling me that I can not retu...

    Rosalyn’s Answer

    Dear New Britain,

    Unfortunately, I will need more information to answer your question properly. Do you own the property? Is the restraining order temporary or final? How and when did you receive notice of the restraining order? Did the court hold a hearing to make their determination?

    Please consult with a family law attorney in your area.

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