Questions answered by Alison B Weinroth

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Can my wife file for divorce immediately after returning to NJ or does she have to establish residency for a year before filing?

Alison's answer | Answered on December 22, 2015

There is normally a one year residency requirement to file for divorce in NJ.

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What would be a "good cause" for denial of visitation?

Alison's answer | Answered on December 21, 2015

You really need to address your concerns with your current attorney and bring these issues to his/her attention.

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Do the dyfs reps have to tell me what the allegation are against my husband..

Alison's answer | Answered on December 21, 2015

I suggest that you speak with them and see what the issues are. You do not have to let them into your entire house, however, there is a fine line...

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Do I have de facto custody and would I need to return the children to her if she requests?

Alison's answer | Answered on December 21, 2015

This issue can be tricky, especially if you never changed the agreement when she sent each child to live with you. However, as it appears you can...

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Probation schedule, bankrupt, fairness in divorce. Someone help explain

Alison's answer | Answered on December 18, 2015

If the MSA does not state this schedule you state was agreed upon, then your ex would have to agree to enter into a consent order amending the MSA...

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Can the alimony amount be reduced because of the adultery ? Will my friend get the custody of the child ?

Alison's answer | Answered on December 18, 2015

NJ is an equitable distribution state so fault does not change distribution, alimony, etc. I suggest your friend consult with a family law...

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How much does it cost and how long will it take to divorce if there are no disagreements about anything?

Alison's answer | Answered on December 18, 2015

It is difficult to say exactly how long a divorce will take. I normally tell people that a divorce can be resolved in as short at 3 months or up to...

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Am I still obligated to pay alimony or would I be on solid ground to stop and fight in court if I need to?

Alison's answer | Answered on December 18, 2015

If she is cohabitating, then you may have a basis to end alimony. Living out of NJ is not a basis to stop alimony alone. I suggest you consult...

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Is there any legal action I can take against the doctors office for losing my medical records?

Alison's answer | Answered on December 17, 2015

They are required to provide you with proof of the bill. If not, refuse to pay.

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Can the bio father still be made to pay support if not on the BC and has been an absentee father from conception pretty much?

Alison's answer | Answered on December 17, 2015

If your husband has "stepped in the shoes of the father" then the biological father may not be liable to pay child support. It is a fact specific...

Alison B Weinroth's Answers (539)

Can my wife file for divorce immediately after returning to NJ or does she have to establish residency for a year before filing?

What would be a "good cause" for denial of visitation?

Do the dyfs reps have to tell me what the allegation are against my husband..

Do I have de facto custody and would I need to return the children to her if she requests?

Probation schedule, bankrupt, fairness in divorce. Someone help explain

Can the alimony amount be reduced because of the adultery ? Will my friend get the custody of the child ?

How much does it cost and how long will it take to divorce if there are no disagreements about anything?

Am I still obligated to pay alimony or would I be on solid ground to stop and fight in court if I need to?

Is there any legal action I can take against the doctors office for losing my medical records?

Can the bio father still be made to pay support if not on the BC and has been an absentee father from conception pretty much?