After a custody battle and guardianship has been appointed, can someone clarify

Without reading the entire agreement and understanding the context in which it was entered, your question cannot be definitively answered. That...

Ex-Spouse's Will

Since a plenary hearing has been ordered, you are likely entitled to discovery. Under Court Rule 4:10-2(a), "Parties may obtain discovery regarding...

Can my family member get into legal trouble(s) for getting "married" while he's still married? The divorce is on-going.

I respectfully disagree with my esteemed colleague, Mr. Boyer. Yes, bigamy is a crime in the State of New Jersey. It is defined under N.J.S.A....

How to get divorce if partner is missing

I respectfully, but very strongly, disagree with my colleague Mr. Treuhaft. You absolutely cannot serve at his last known address, and doing so...

Is permanent alimony "always" awarded in marriages lasting longer than 20 years (22 years)

The Court is required to consider all of the statutory factors in setting the duration of alimony. Mr. Salvaggio has laid out the factors for your...

Is there any way I can file for a divorce with grounds of imprisonment without waiting the ridiculous 18 months??

I am not aware of any well-established way in which you can waive the 18-month requirement for a divorce based on imprisonment. As you seem to be...

If we prepare our own prenuptial agreement in New Jersey, is it valid?

No, New Jersey is not one of those states. Under N.J.S.A. 37:2-38, which is New Jersey's version of the Uniform Premarital Agreement Act, the...

Is there such a thing as Legal Separation in NJ, and can this agreement "force" one spouse to move out of the mutual residence?

There is nothing specifically titled a "legal separation" in New Jersey, but you can obtain a Judgment of Separate Maintenance or a Divorce from...

Yes. Gifts between spouses during the marriage are clearly subject to equitable distribution and will be divided during the divorce. This is...

Can I ask for an increase of childsupport based off same income used to established CS years agos? If guidelines werent followed

As held in the 1980 New Jersey Supreme Court case of Lepis v. Lepis, the standard for a change in the amount of support payments is that “the party...

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