Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

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: 7 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
12/13/2017
Family Lawyer: RayAnswers, Lawyer replied 7 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,279
Experience: 30 years as a family law lawyer .
Verified

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.

Ask Your Own Family Law Question
Customer reply replied 7 months ago
Ok
Customer reply replied 7 months ago
Can’t talk on phone.
Family Lawyer: RayAnswers, Lawyer replied 7 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.

More

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

Ask Your Own Family Law Question
Customer reply replied 7 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 7 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.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,279
48,279 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I am going through a divorce. My daughter was medically
I am going through a divorce. My daughter was medically cleared for an event. The coach and my wife said she couldn't compete unless she was medically cleared. Now that they have the letter clearing m… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
I got divorced 12 years ago and owed my wife alimony. I
I got divorced 12 years ago and owed my wife alimony. I never paid it until this last year. My accountant said that it's a write off but I have to get her SS number. I contacted her but she wouldn't g… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I pay 410 in child support. My soon to be ex wife wants me
I pay 410 in child support. My soon to be ex wife wants me to pay half of daycare expenses. Which would be over 500 on my end. I can't afford that. I make 11.00 an hour. And I have loans to pay off. I… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
If a mother took her child from the fathers moms care is it
If a mother took her child from the fathers moms care is it legal for the father to go to the mothers house and take the child back when they are still married and have no custody of anything the moth… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,096 satisfied customers
My husband refuses to work. Hasn't for 8 years and I want a
My husband refuses to work. Hasn't for 8 years and I want a divorce. He is capable of making a lot of money but refuses to work. He abuses me and spends every penny I make . I don't want to pay alimon… read more
RayAnswers
RayAnswers
Lawyer
Doctoral Degree
48,279 satisfied customers
If My ex husband files does it void our divorce/custo
If My ex husband files for guardianship does it void our divorce/custody decree? Who determines guardianship is even needed? She has a disability but she's not that bad off. She has a small case of ce… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
I have an interesting situation and I hope I can find some
I have an interesting situation and I hope I can find some help on this forum. My ex husband and I consolidated our Federal student loans when we were still married and still college students. I conso… read more
retirementlawyer
retirementlawyer
Attorney
Doctoral Degree
1,606 satisfied customers
My husband and I have been married for 9 years and we have
My husband and I have been married for 9 years and we have a blended family. He has 2 boys from a previous marriage (15 & 13),I have a 17 year old girl from a previous marriage and we have a 7 year ol… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I have received a "Notice to Attend Status Conference" from
I have received a "Notice to Attend Status Conference" from the courts, regarding a dissolution of marriage. What will this hearing be about? Am I required to have any forms filled out and/or turned i… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
My husband tells me that I dont have any right to his money.
My husband tells me that I don't have any right to his money. We get into such heated debate over my even asking, “how much DO we have?” and “What is your spending budget vs. mine since I'm just a hou… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,428 satisfied customers
What steps do I need to take with the mortgage company to preserve
What steps do I need to take with the mortgage company to preserve my credit if my ex-wife is not making the mortgage payments and has now filed bankruptcy? She indicated on her bankruptcy form that s… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
I am writing you to request a modification to this order. I solely support another child (
I am writing you to request a modification to this order. I solely support another child (3 years old, Jaxon's sister) without help, and have a good relationship with Matt Kury and we have split most … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I was divorced in MA in2006. My kids are 16 and 18(both boys). When
I was divorced in MA in2006. My kids are 16 and 18(both boys). When we divorced the visiting schedule was every other weekend, and two weeknights each week. We lived in neighboring towns. I moved to N… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I was awarded my home in a divorce judgment. He was to sign it over to me via Inter-spousa
I was awarded my home in a divorce judgment. He was to sign it over to me via Inter-spousal Transfer Deed. He did not. Therefore I could not sell the house. He refused to make support or equalization … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My husband and I are currently separated and living apart in
My husband and I are currently separated and living apart in our home state of Louisiana. Before we were married, he purchased a home that was out of his means and has never been able to afford it. Wh… read more
LegalEase
LegalEase
Attorney At Law
Juris Doctor
892 satisfied customers
My Divorce will be finalized in September of this year. I have
My Divorce will be finalized in September of this year. I have moved in to an apartment with my gf (which we will become married after my divorce is finalized). My Ex is trying to throw a morality Cla… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have been in this marriage for over 25 years together for
I have been in this marriage for over 25 years together for 30. The #1 reason I stayed was Fear.. I had been to scared to do anything. I left a few times but was to scared to file for divorce. He had … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
my husband wants to reduce the alimony or child support of
my husband wants to reduce the alimony or child support of his first marriage with the laws of florida,my husband salary is $8.000,he pay 2000 child support for 2 kids and 1000 alimony the ex wife of … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x