Archived
In NJ if a couple decides to separate and the husband leaves the marital home is he giving up any rights to return?
David Perry's answer
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Answered on July 22, 2011
It would be really, really foolish to move out with an agreement as to custody, parenting time, and support. While he would still have ownership...
Archived
What is the procedure for deposition of a spouse who does not appear at divorce trial?
David Perry's answer
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Answered on July 22, 2011
Many people think their situation is very unusual.... yours actually is. I've seen courts say that the opposing spouse can't be there for a...
Archived
Sole Custody
David Perry's answer
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Answered on July 21, 2011
Sole legal custody is very rarely granted. He shouldn't be driving while suspended or without insurance, but that doesn't negate that you two...
Archived
I have a 3 month old son at the moment.Me and the mother have a bad past. I was kicked out amonth ago cause i wanted my mom to
David Perry's answer
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Answered on July 21, 2011
I'd be cautious about being too aggressive in your paperwork, it can turn off the court. You have a right to parenting time with the child -...
Archived
College - Stepparent Income
David Perry's answer
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Answered on July 21, 2011
Generally, a step-parent's income isn't going to be considered. The court can look at it in order to determine the total household budget of the...
Archived
Do I have a leg to stand on if my ex recently moved out of his mothers house and has not been paying child support?
David Perry's answer
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Answered on July 20, 2011
A court isn't going to suspend parenting time because someone doesn't have a job (any more than they'd transfer custody from you if you lost...
Archived
Modification Process
David Perry's answer
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Answered on July 20, 2011
In reverse order - sole legal custody is very rarely granted. He shouldn't be driving while suspended or without insurance, but that doesn't...
Archived
Is there anyway around the residency requirements for a divorce? The person has been a resident of NJ for 7 months.
David Perry's answer
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Answered on July 18, 2011
I think this has been posted and answered before, but -
You can "get around" the one year residency requirement if the defendant has committed...
Archived
Seeking child custody because their mom gave them a black eye and scare.
David Perry's answer
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Answered on July 18, 2011
It sounds like DYFS needs to be involved.
One tip - if someone else can contact the Division (your doctor, a therapist, etc) rather than you,...
Archived
My wife is having trouble with her ex-husband. He wont let my wife talk to their daughter on the phone and he's harrassing us
David Perry's answer
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Answered on July 18, 2011
Child support and parenting are two completely distinct concepts in the law.
If she never paid child support, her parenting time / contact...
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