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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35389
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I been married yrs in NJ, my wife has had affairs and even

Customer Question

I been married for 34 yrs in NJ, my wife has had affairs and even though we been separated for the past 13 months we been going to counseling trying to work things out.
"If" we don't and we move in our separate directions - here's the Q's
a. I get a large loan for from private investors - no property is used just my signatures and me paying in advance a life insurance policy beside monthly payments.
Would my wife have any legal right to any of that money???
b. beside this happening before or after the divorce and we are able to quickly split everything 50/50 how long does it normally take to get a divorce.
Reason asking is I would need to do the loan shortly.
c. I know NJ is a no fault state and no matter what she did and besides being a nut case its 50/50.
She came into an estate from her parents who past. My name is ***** ***** that but we have shared over time payments we receive each year that we use for me, for her for the family or our property, vacations etc. The estate is managed by Edwards jones out of Florida. It is and supposed to be 99.9% our retirement.
If we divorce am I able to keep half of that since there is history of the use.
Thank you for your time in this
Submitted: 10 months ago.
Category: Family Law
Expert:  LawTalk replied 10 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and because you have multiple questions and issues, it suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Will you be taking the loan out before the decree is issued?

2. Will you be taking out the loan before or after one of you files for divorce?

3. What do you mean she came into an estate? Your name is ***** ***** what?

Thanks in advance,

Doug

Customer: replied 10 months ago.
Thanks for trying to answer but I thought I gave you enough to answer something.
The estate is what my wife received when her parents passed away. There is "X" dollars, stock and retirement account she received as mentioned. It has large valve and basically we can't touch it except when we retire. Being managed by ***** ***** in Florida.
I mentioned I would like to take the loan out soon, before we get a divorce, I ask you a variety of ways "if" this was done this way and "If" it were to be done another.
Looking for answers so I can sit back and see what is the best way to go - so I need options based on your answers.
Expert:  LawTalk replied 10 months ago.

Good afternoon,

I haven't tried to answer you yet.

You have given me plenty of information but you have also asked multiple questions, dealing with multiple legal issues. As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. These are new questions that you are asking. For new questions, the customer is asked to open a new question thread. That is why I offered you a call, so that you are free to ask as many questions as you wish.

If you take a loan out pre-decree, then the money becomes a marital asset, and she could tie it all up in court. The debt is a marital debt as well. If you plan to seek the loan after one of you files, then you will need court approval to do that.

It can take as little as 6 weeks to get a decree, or as long as years---it all depends on you and your spouse and what you will be fighting over. Six months to a year is average.

Absent something unusual, you have no claim to any inheritance that your wife received in the marriage.

Again, if you want to get into depth as regards ***** ***** ins and outs of what you want to do in the coming, a call is the best way to get that information.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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