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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118175
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My niece green card holder married another green card holder

Customer Question

My niece green card holder married another green card holder who now wish to divorce my niece,by asking her to stay out of their joint house and demanding 50% of her assets,is it legal
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information.
What state is this in?
Is he suing her for divorce in court? Since he cannot just tell her to get out and give 50% of her assets, he is not entitled to 50% of HER ASSETS, he is only entitled to 50% of the assets acquired during the marriage.
Customer: replied 2 years ago.
If she refuses to sign divorce papers
Customer: replied 2 years ago.
New Jersey state
Customer: replied 2 years ago.
Can she go to woman rights commission as not allowing to enter joint house so that one year separation occurs
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.Under NJ law, it is an "equitable distribution state" which means that all assets that were acquired during marriage, not before, would be divided by the court as equitably as possible. Equitable does not necessarily mean equal, it means the court will start with the idea of dividing property 50-50 and then based on any circumstances can adjust that to make it fair. He cannot force her from the marital home, she has to go to court to file a motion for temporary possession of the marital home. If he is demanding in the divorce papers what she does not agree to, then she needs to file an answer to the divorce and object to what she disagrees with and at the same time file for the temporary possession of the marital home.She does not need to sign the divorce papers, she should not sign them if she disagrees with them, she should file an answer objecting to the divorce.The Woman's Rights Commission does not handle these matters. She needs a local divorce attorney to represent her and if she cannot afford one then she needs to go to legal aid to seek their assistance in answering the divorce and seeking her fair share.