My ex doesn't live in the house anymore, but we are both still on the lease. I want to switch out the furniture that we bought together. I was thinking of putting in it a storage for her just so she can't say I got rid of it. Is it legal for me to...
I agree with Ira that what you propose is fine. You are retaining the furniture so your ex will not be harmed by merely moving it into storage. Be careful in that you'll be on the contract with the storage company so if she does nothing, you'll end up being legally obligated to pay for the storage for so long as the property stays in storage.See question
I had a dcpp case and have been going to court last cost hearing they said there was no proof of abuse or neglect and determined we were only a family in need of services such as iop counseling and therapy. What will happen if i move out of state ...
It would be best if you complied with the services being offered/provided by DCP&P or arrange for those services to be provided in the state to which you're moving. I would not just "up and leave" without communicating and coordinating with DCP&P so that you don't jeopardize your parental rights. If you don't have an attorney, it would be a good idea to retain an attorney to coordinate your proposed move with DCP&P through the deputy attorney general representing the Division (DCP&P).See question
Hi there I have a proposed final judgement of divorce but it was not signed by any judge is it legal?
It is merely a judgment drafted (worded) by an attorney to be presented to the judge to sign (if the other attorney agrees with how it is worded and the judge finds it acceptable). It is not a legal document until it is signed by the judge.See question
I called a law firm and they said there was a conflict of interest. which brought my confidence down. I dont know anything about lawyers or the system. I just need help!
Being panicked when you find out that your spouse is seeking a divorce is a natural and appropriate emotional response.. That is why it is important to meet with a knowledgeable, experienced and emotionally supportive attorney (while also considering meeting with a psychologist or family therapist to work on the emotional aspects of divorce, something too few people going through divorce do). An experienced attorney who concentrates his or her practice in family law will take away much of the panic by explaining the process ahead of you and your rights and the likely limits of the outcome (in terms of parenting your children, support and division of your property). I notice a big change in the people who meet with me for a divorce consultation from when they walk out the door compared to how they were when they walked in (much less anxious and panicked). Talk to friends, relatives, co-workers, etc., who are divorced or who are getting divorced for recommendations on a local divorce/family lawyer. Also check on line to read about local family law attorneys. Lastly, consider having consultations with more than one family law attorney to see the different personalities, styles, and approaches, and to compare the opinion each gives you on where you stand legally (that is, the range of support, division of marital assets and debt, and what type of parenting plan is likely in your case). You should ask when you call for an appointment what percentage of the attorney's practice is focused on family law and divorce, how long the attorney has practiced family law, and what range of retainers (money paid in advance as a deposit for fees to be incurred) the attorney charges and the hourly rates as most attorneys charge on an hourly basis payable from the retainer that must be paid up front to commence the attorney-client relationship (to see if if is what you can afford). You also are required under NJ law to be told of the various options for dispute resolution such as mediation and collaborative divorce instead of just filing for divorce (litigation) and having your attorney negotiate for you. There also are some attorneys who charge a greatly reduced initial consultation fee for what is called "a process interview" where the attorney will not discuss the particulars of your case but will inform you of what optional approaches are available to settle your case short of trial (understanding that less than 5% of the divorce cases filed get tried).See question
The soon to be ex wife is trying to get everything!!!!!!!!!
No; NJ does not consider a divorce the type of legal proceeding that constitutionally requires appointment of a lawyer as would be the case with a criminal proceeding that could result in loss of freedom (incarceration).See question
Can you have a prenup that will protect me in case of a divorce? With 50% of all marriages ending in divorce I figured I may look out for myself. I heard that pensions are considered "future earnings" and they hard very hard to protect from a spo...
A pre-nuptial (also called a pre-marital agreement) can include a waiver of the right to share in pension benefits of the other party. Such an agreement should be drawn up by an experienced family law attorney licensed in NJ well before the marriage date to give the other party time to have it reviewed with independently chosen legal counsel. If the pension is not yet in pay status (i.e., you are not yet retired), it can be excluded in a pre-marital agreement from sharing (division) at the time of divorce, should that occur; if it already is in pay status (i.e., you are retired already), it will have to be dealt with differently but still can be addressed in a pre-marital agreement. By the way, ERISA does not govern public sector pensions, only private sector retirement plans.See question
I've been separated (not legaly) from my husband for over 18 months. I haven't even seen him for all this time. During this period i lent him $6000 to pay his child support arrears ( he was about to go to jail ). I don't really have any proof beca...
You can seek repayment of the loan in your divorce proceedings. While a transfer of funds between relatives in NJ is presumed to be a gift, since he acknowledged in text messages that it was a loan, you can use those text messages (if you saved them) to overcome the gift presumption.See question
My wife lives in Pa. I live in N.J. Married in N.Y.C. Where do I file for divorce?
You can file for divorce in NJ after you have lived here for 12 months. (The one exception is if the basis for divorce is adultery, there is no waiting period.) However, unless your wife lived in NJ, works here, owns property here, or has some other connection with NJ other than you living here, all a judge can do in NJ is divorce you, i.e., the judge cannot distribute property or debt, or award alimony. If there are children of the marriage, there are other rules that determine whether the judge can rule on custody, parenting time, or child support.
You also can file in PA where your wife lives but in doing so you are submitting yourself to the jurisdiction of the courts of PA on all issues. I would speak with both a PA and a NJ attorney. If you wish to call me, I can give you the name of a local attorney near Sparta (which is two hours north of my office, making it costly for me to represent you) and an attorney in PA if you'll tell me in which county your wife resides.
The fact that you were married in NYC has no bearing on where you can file for divorce.See question
I'm a non-resident dad who was never married to the mother of my child. I make regular court-ordered child support payments. My daughter's mother - as a teacher - has comprehensive health insurance coverage for both herself and my daughter for whi...
Since your child's mother has health insurance for your daughter through her employment (and at no cost to her as a teacher), a judge would not make you pay for secondary health coverage for the child. Unless health insurance coverage for your daughter costs her mother money (from her paycheck, for example, and you said it doesn't), you do not have to pay anything to the mother of the child because her employer is providing health insurance for your daughter.See question
I am about to give an ex boyfriend visitation of our daughter but she is young and I have limited time with her - I was wondering if I could insist on only one weekend night overnight stay?
There are no specific guidelines in NJ by statute, case law or regulations that define when a parent can have a child stay overnight nor for how many consecutive or frequent overnights. It is up to the judge who is assigned the case, and different judges have different predispositions for overnights with young children. The first thing to do is start slowly and see if your daughter's father will agree to only one weekend overnight per week or every other week. He may agree. If he doesn't he will have to file a motion seeking more time with her than you will allow. Unless you have an expert (child psychologist) examine the child and write a report on what would be harmful emotionally to the child, the decision will be based solely on how the judge feels about it. In the end, it is left to the judge's discretion based on your factual statement (called a certification, which is like an affidavit, just not signed in front of a notary) and that of the father (and any other people who have relevant knowledge of him as a father).See question