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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36471
Experience:  25 years of experience helping people like you.
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I would like to get divorced. My husband is mentally and emotionally

Customer Question

I would like to get divorced. My husband is mentally and emotionally abusive and has been physically abusive in the past. Right now he has threatened to hurt me but hasn't- I told him I would call the police. I have 4 children ages 10,8 and twin 1 year olds. He does it in front of them and the older kids are upset.
My question is I have not worked in 10 years and he is unemployed since this past November.
I don't know how to get out of this. I am looking for a job but- he says- I have not done anything financially with the household he has done everything.
He said we have money for him to buy a route for Mission foods but we have thousands in debt. He wants to buy the route and that will be all the savings we have. His route will not make much money until he builds it up which will take a few years.
We are going to put the house up for sale and after the debts are paid off we won't have much left.
I was wondering how do I get divorced. I have no money or family to go to.
Will I get child support and alimony? Will he be able to steal or hide money from the sale of the house? Will my name be able to go on the business he buys- the route?
Can I get a percentage of sales after the divorce?
How do I pay a lawyer? I called legal aid for a couple of weeks and they never call back. He said if I take money for the lawyer he can't buy the route.
Can he be asked to pay my legal fees or will it have to come out of my share of the house?
He has also said if I say he has committed domestic violence he will say I am abusive to him.
How do these cases work?
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

You have asked many questions. Please allow me to give you a brief overview of divorce in New Jersey as it may answer some of your questions and then address your questions more specifically.

First of all, New Jersey is an equitable distribution state. This means that in the event of a divorce the "marital property" is "equitably" divided by the court. Property that is "separate property" is not divided by the court. Basically all property acquired during the term of the marriage is considered marital property regardless of whether it was acquired through the efforts of only one spouse. An "equitable distribution" means a fair distribution which often results in an equal division of assets

question – I was wondering how do I get divorced. I have no money or family to go to.
I suggest that you retain a local attorney.

Do not be overly concerned with the cost of your attorney. A good litigator may be able to have your husband pay his fees. You will want to retain the best attorney that your husband's money can buy. You can request temporary support during the pendency of the proceeding.

Will I get child support and alimony?
Yes you will receive child support as the father has a legal obligation to support his children. You likely would also receive alimony if your husband has the means to pay the alimony

Will he be able to steal or hide money from the sale of the house?
You should retain counsel to avoid this from occurring

Will my name be able to go on the business he buys- the route?
Can I get a percentage of sales after the divorce?

Both are possible and can be negotiated as part of alimony or property settlement.

I would be glad to respond to any follow-up questions that you may have.
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36471
Experience: 25 years of experience helping people like you.
FiveStarLaw and 5 other Family Law Specialists are ready to help you
Expert:  FiveStarLaw replied 1 year ago.
Hi Pamela,

Have I answered all of your questions? Do you need clarification or have a followup question?
Customer: replied 1 year ago.


If I find a job before the divorce will that hurt my child support and alimony payments or my name going the route he buys-obtaining a percentage of sales?


Any job I get right now after not working for 10 years and my older age also being a factor- may not be a job with good pay or benefits or stabile. It may not be a job that I can stay at long term or will keep me on staff long term.

Expert:  FiveStarLaw replied 1 year ago.
Hi Pamela,

If you do begin working it would typically result in a less favorable child support and alimony payments.

Please let me know if I can assist you again in the future. You can directly route your question to me you by using this link ::
http://www.justanswer.com/law/expert-fivestarlaw/

Still put "For FiveStarLaw" at the beginning of the question.

I look forward to working with you again in the future

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