Legal Question in Family Law in New Jersey
I'm a 56 year old mail in a 10yr marriage, no children from the marriage, but a 19year in college. I have a home with limited equity, 311 is mtg with mktg about 340. Approx 10yrs ago had an affair, but nothing since. My wife has never gotten over it and now is bring that issue and saying that I gay. I can fix the marriage, not quite in the position to move. When you file for legal separation, does that mean I have to vacate the house. I need to take some action, this has been an going issue. What steps should I take, or should I want until I want to file for divorce. My wife makes about 72K and is 50 and I make approx with bonus 115, w/o 96
2 Answers from Attorneys
File for legal separation? I do not know what you are talking about. Are you worried that, before the divorce, you may get in trouble for having a girlfriend?
As for alimony, the difference between you individual earnings is not so great that you will be require to pay a lot of alimony and there may be no alimony.
As for moving out, you can move, but you must continue to support your family in the short term
as you have up to this point.
You need to sit down with a lawyer because I do not feel that the advice I am giving you is adequate.
Call me if you like.
You have a somewhat touchy situation that needs more fact disclosure to give you complete advice. The mere filing of a divorce complaint does not require that you move out of your home. What you should know is that the longer you are married, the greater the risk of permanent alimony, particularly if she loses her job. Your assets would probably be split 50/50, but you need to make sure they aren't being dissipated, and that debt is not being run up. Call for an appointment if you want to explore this further.
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