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I want to get a divorce, and I want to move out and take the…

Customer Question
Hi, I want to...

Hi, I want to get a divorce, and I want to move out and take the kids. The house will go into foreclosure because I am the only one working and my husband has not worked in three years. I did get a grant to catch us up to date on payments and also a mortgage loan modification. However, I can’t commit to either because he still isn’t working. Even if I could commit I am afraid of him and don’t want to stay in the marriage and couldn’t afford on just my income anyway. I just don’t know what steps to take first.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

I am in New Jersey, I haven’t filled anything yet. I am a bit afraid

Lawyer's Assistant: Has anything been filed or reported?

No, if you are referring to poiice.

Submitted: 2 months ago.Category: Family Law
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Answered in 3 minutes by:
12/13/2017
Family Lawyer: RayAnswers, Lawyer replied 2 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 45,161
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 2 months ago
Ok
Customer reply replied 2 months ago
Can’t talk on phone.
Family Lawyer: RayAnswers, Lawyer replied 2 months ago

You can move out with the kids.You can file for divorce pro se if you have too here.

Self help to file

https://www.divorcenet.com/resources/filing-for-divorce/new_jersey.htm

Forms

http://www.wikiform.org/legal-forms/divorce/new-jersey/new-jersey-divorce-complaint-form.html

The court will set child support for him to pay, he will have to find a job here.

I appreciate the chance to help you, prayers to you.

If you can positive rate 5 stars it is much appreciated.

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For any married couple, a divorce will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If one of them will be unable to be self-supporting after the divorce, the issue of alimony may arise. If there are minor children, they will also need to resolve issues of child custody, visitation, and support.

Residency and Where to File

In order to file for divorce in New Jersey, one of the following requirements must be met: (1) one party has been a resident of New Jersey for at least 1 year, or (2) if the cause of the divorce is adultery that occurred in New Jersey, one party must be a resident (without any time limitation). You may file in the Chancery Division of Superior Court in any New Jersey county.

Procedures

The simplest procedure is an uncontested divorce, where you and your spouse can reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin by preparing a Complaint for Divorce, along with various other supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Judgment of Divorce.

Grounds for Divorce

Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. New Jersey, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds.

To get a no-fault divorce in New Jersey you need to state in the Complaint for Divorce that “there are irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is not a reasonable prospect of reconciliation,” or “the parties have been living separate and apart for 18 months, and there is no reasonable prospect of reconciliation.”

The fault-based grounds for divorce are: adultery, wilful desertion for 12 months, extreme cruelty (must file within 3 months after the last act alleged), alcoholism or drug addiction, institutionalism for mental illness for 24 months after the marriage and before filing, imprisonment for 18 months (provided there is no cohabitation after release), and deviant sexual conduct voluntarily performed without consent of the other party. However, in most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof.

Property Division

New Jersey divorce law provides that all property is marital property, regardless of how or when it was acquired. In dividing property the judge must consider the following factors:

  • the duration of the marriage or civil union,
  • each party’s age, and physical and emotional health,
  • each party’s income or property brought to the marriage or civil union,
  • the standard of living established during the marriage or civil union,
  • any written agreement made by the parties,
  • each party’s economic circumstances when the property division becomes effective,
  • each party’s income and earning capacity, including length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient training to become self-supporting,
  • each party’s contribution to the education, training or earning power of the other,
  • each party’s contribution to the acquisition, dissipation, preservation, depreciation, or appreciation of the marital or civil union property, and as well as a homemaker,
  • the tax consequences of the proposed distribution to each party,
  • the present value of the property,
  • the need of a parent who has physical custody of a child to own or occupy the marital residence or civil union shared residence, and to use or own the household effects,
  • the debts and liabilities of the parties,
  • the need for a trust fund for medical or educational costs for a party or child,
  • the extent to which a party deferred achieving their career goals, and
  • any other factors the court deems relevant.

Child Custody in New Jersey

There is a mandatory “Parent Education Program.” Any agreement reached on custody will be accepted by the judge unless it is not in the child’s best interest. If you cannot reach a custody agreement, the judge will decide the issue, after considering the following factors:

  • each party’s ability to agree, communicate, and cooperate relating to the child,
  • each party’s willingness to accept custody, and any history of unwillingness to allow parenting time not based on substantiated abuse,
  • the interaction and relationship of the child with his or her parents and siblings,
  • any history of domestic violence, and the safety of the child and either party from physical abuse by the other party,
  • the child’s preference, when of sufficient age and capacity to reason,
  • the needs of the child,
  • the stability of the home environment offered,
  • the quality and continuity of the child’s education,
  • the fitness of the parties,
  • the geographical proximity of the parties’ homes,
  • the extent and quality of the time spent with the child prior to or after separation,
  • the party’s employment responsibilities
  • and the age and number of the children, and
  • any other factor the judge determines to be relevant.

Child support is determined by the New Jersey Child Support Guidelines that may be found at the New Jersey Child Support website.

Either party may resume any name used before marriage, or may assume any surnam

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Customer reply replied 2 months ago
I am concerned about the house/foreclosure. Obviously I will have to pay for a place we can afford to live. Will I have to pay on home property?
Family Lawyer: RayAnswers, Lawyer replied 2 months ago

You can let it go into foreclosure.Call lender and see if you can do a deed in lieu where they take it back but don't pursue deficiency.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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