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Recent family law questions

My divorce going in New Jersey. I am the plaintiff, pro se.

My divorce going in New Jersey. I am the plaintiff, pro se. I have a job. Defendant spouse used to work before marriage but stopped working after marriage.length of marriage: 2years / Irreconcilable differences ground / No kids / No joint real estate-car-bank-investment accounts.I got divorce by default as she didn't respond after 35 days.Defendant is planning to vacate the divorce.Defendant is planning to contest for marital property(although she has no proof of my income or my bank account savings) and support. She is planning to get an order for plaintiff to pay her legal counsel fees. Probably may also ask pendente lite support. I am afraid she will make the trial long to get longer pendente lite support and ruin me with burden of legal counsel fees.What are some strategies I can use to reduce or eliminate the burden of her counsel fees and pendente lite support?

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JD 1992

Juris Doctor

 
34,088 satisfied customers
My husband is taken me to domestic relations support (not

My husband is taken me to domestic relations for spousal support (not divorced) we both make about the same amountHe's only doing it so I would sign off on all marital propertyHouseFurnishingsGas well royaltiesHis family name is ***** ***** same town and I'm considered an outsiderHis sister and mother both worked in court system and very well likedI know they are going to be biases. Do I have to sign support papers or can I say I would rather have a hearing.We are older and no children.

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LegalGems

Juris Doctorate

 
12,352 satisfied customers
I recently filed a motion mod and was t with 40 cross motion

I recently filed a motion for alimony mod and was hit with 40 cross motion items. The judge sided almost entirely with my ex and cited acting in bad faith for not negotiating during pendente lite (2 yrs prior and without any evidence) and self help during the current motion. The judge was right on some, wrong on some and way out of bounds on others. I could have appealed or asked for reconsideration but because my motion was flawed, I've decided to just re-file a motion. Here's the question.....Strategically....if a judge hammered you in a previous decision do you wait for a new appointment or forge ahead, correct the mistakes and hope the judge wasn't too tainted? I know there's no absolute right answer to this but don't want to get hit (again) by having to pay for my ex's legal expenses.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

 
626 satisfied customers
I have been married years. My husband is mentally ill, and

I have been married for seven years. My husband is mentally ill, and on social security disability. He won't take his medication. I'm looking into getting a divorce. Do I have to pay alimony? I do have savings in my name. Do I have to give him half of my money?

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RobertJDFL

Attorney

Juris Doctorate

 
11,604 satisfied customers
Olivia,I am awaiting our permanent custody hearing. We

Hi Olivia,I am awaiting our permanent custody hearing. We are on standby for June 15th, so likely won't be in court until after summer.In the meantime, the father has withheld the amount of support he said he would pay for over a year and a half. I have depleted most of my personal savings to survive up to this point.What else can I do or say in a letter to get him to pay more before our court date?

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Olivia Kent

Managing Partner

Law

 
1,546 satisfied customers
Ok I need a Different judge .. my divorce judge has taken

Hi Ok I need a Different judge .. my divorce judge has taken sides and now is displaying unethical behavior and was suspended a few times for this . Hes also all over the internet about his behavior .JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: YesJA: What advice did they give you?Customer: But he's afraid of the judgeJA: Is there anything else the Family Lawyer should be aware of?Customer: Well the judge is trying to expidite my divorce and is giving us like every 10 days to come back to court and i just started a new job and couldn't make it and my advisary was fine with it and this judge fined me , my husbands attorneys fees , because i went to work . even though we asked in the appropriate time for an adjornement and it was deniedJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.

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Ely

Counselor at Law

Juris Doctor

 
62,222 satisfied customers
Good morning. My husband recently told me he is leaving me

Good morning. My husband recently told me he is leaving me because he wants to make a better life for our daughter and blames me of not helping him do that. I'm a stay at home mom for 3 years and he has been providing but I have nothing to my name all accounts are to his name. We moved to my mom's 4 months ago and he's leaving us here. He hasn't moved out yet but last night I followed him and he went to a place where you pick up girls and drink and he takes them back to hotels. We never have money and now things are making sense. My concern right now is I don't feel comfortable with him taking our daughter out by himself and don't know what steps to take now. He gets out drunk and drives. I fear for my daughters safety. This is not the man I thought I knew. Please help me.

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Olivia Kent

Managing Partner

Law

 
1,546 satisfied customers
I have many issues/problems with my husband, the situation

I have many issues/problems with my husband, the situation is getting very bad, affecting the kids.I would like to find a place where I can live. I don't care about getting anything from my husband, except for him pay my rent and give me a car.I live in SC; what will be the situation with my kids?I proposed him to separate and see if relationship get better but he doesn't want to.What should I do?Please help....Thank you very muchAngelica

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Olivia Kent

Managing Partner

Law

 
1,546 satisfied customers
There. I have numerous questions regarding the handling

Hi there. I have numerous questions regarding the handling of my family law case. I apologize for the length of my question. I'm in California.1.Does my attorney have to obey lawful requests, even if he may not feel it would help my case? I discovered that my ex had gained access to my emails, private messages, etc. Obviously, being able to see the communication between me & my attorney would give him a significant advantage, not to mention that it was a restraining order violation at the time. I asked my attorney to subpoena the IP address info. from the internet provider so that we could prove my ex was doing this & he refused. I asked him why & he just said that he wanted to focus on preparing for trial. I had already written everything up for him. All he had to do was send the subpoenas. He didn't feel it was "important."2.Is my attorney allowed to finalize a settlement w/ the opposing party w/ out showing it to me first? In my case, although we had discussed many of the things to be included prior, I had not actually seen a draft of the settlement offer. When my attorney gave it to me, I stated that although I agreed to most of the major terms, there were certain things that I did not agree with & certain things which had not been included that I felt should have been. When I mentioned this to him, he stated that he'd already finalized it with the opposing party as-is. He told me that I could either sign it or find another attorney. I made it very clear to him that I did not feel good about signing it, had not had a chance to review it properly, & felt I was being forced to sign given that I could not afford another attorney & we were at a critical point in my case. Also, I was in the middle of a refinance to keep my home & only had a few days to provide additional documentation to the bank, which the other side was refusing to give until the settlement was signed. This would have caused my refinance to fall through. Although I signed it, I feel that it was under extreme duress.3.Is it ok for my attorney to tell me not to call him at all until our next court appearance? At one point, he became very angry & started saying very mean things to me, including telling me that members of my family were “bat s*** crazy” & he knew that eventually I'd “probably try to sue him for malpractice because that's what people like me do.” He kept insinuating that he would drop me as a client & mentioned telling the court that he would no longer represent me at our next court date. I told him that I was at a critical point in my case & it would be detrimental to lose my lawyer this far into it, but that I just needed to know for sure if he indeed was dropping me as a client so that I could at the very least try to find another attorney before the next court date. He refused to give me a definite answer. He told me not to call him at all until the next court appearance, so I literally did not know if I was going to have an attorney when I arrived at court. At the court hearing, he apologized, but I feel that this was highly unethical. Full disclosure: I know I was not the easiest client in the world. That being said, I feel like this was pretty unethical of him to do. Although I can't prove that it cost me any monetary damage, is there anything I can do?4.My attorney is now suing me for unpaid fees/breach of contract. Apparently, I was supposed to receive a notice of my right to fee arbitration either before, or at the time of, him filing the lawsuit. I did not receive this notice w/ his summons, & he didn't send it until I questioned him about it. How likely is it that I would be successful in claiming improper notice as a cause for dismissal?5. He's offered to accept payments (which are much higher than what I can afford). Here is his offer. I am very nervous about agreeing to it, as I can't afford the amount he's asking, & being that answering to his suit waives my right to arbitration. But assuming that I could afford it, are there any things in here that I should not agree to? Any thoughts/opinions are appreciated. Here are the conditions of his offer:a. You will "answer" the complaint;b. I will then prepare a "settlement agreement," "stipulation to vacate dismissal and enter judgment," and a "judgment." The settlement agreement will provide for the payments of XXX per month and immediate dismissal without prejudice of the lawsuit after the first payment but, if there is a default on the payments, then I can seek to simply vacate the dismissal and have judgment entered pursuant to our stipulation. The settlement agreement will also provide that, if you put your house up for sale, then you will notify the realtor and escrow that I am to be paid any balance still owed through escrow first before any proceeds are paid to you.6. At the beginning of my case (which involved years of domestic violence committed by my husband), my husband stipulated to a CLETS restraining order & full legal/physical custody of our daughter to me w/ monitored visitation. My attorney wrote up the stipulation & it was signed into order. Later, he says that custody/visitation were to be tried at a later date. I had no idea that that our original stipulation had not been a final order! I would never had agreed to a temporary one, especially given the fact that at the time my husband wasn't even asking for custody & why would I want to spend more $ to try the issue later. Of course, when my husband found out that it was only a temporary order, he then asked for half custody. I asked my attorney why he hadn't ensured that the stipulation was written as a final stipulation, as opposed to a pendente lite, as at least this would require that my husband prove a “changed circumstance” before any custody changes? He told me that the judge “couldn't have ordered it.” I do not feel that this is correct. Can someone give me their opinions about this? Is this misconduct/negligence in any way?

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Chris T., JD

Lawyer

Doctoral Degree

 
7,308 satisfied customers
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