Legal Question in Family Law in New Jersey
Alimony
I and my wife had been married for 10 1/2 years.I'm the only one working and my wife is not ever since.We've 2 kids. Is it possible if my wife will sign a waiver stating that she's waving her right to recieve an alimony in case we divorce, then will it be admissible in court 100 percent? Do we have to get a lawyer to sign that post nuptial agreement or is it
enough that each of us will just sign? Thanks...
2 Answers from Attorneys
Re: Alimony
Now, dont take this wrong, but let me summarize:
you want a divorce, sometime soon.
you have a job. she has not worked for a decade.
you have 2 kids. child support and college tuition needs to be paid. measured in tens of thousand of dollars.
you probably have a house, and maybe some money saved. you might have a pension plan.
and you want to do this without an attorney's advice.
I can not say any good words. No, I will not give you advice, because nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the kids.
Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.
Oh, all right. A waiver of alimony will normally be enforceable as part of a separation and divorce agreement. By itself, it probably will not stand.
Go hire a lawyer, and figure out what you want to do.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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Re: Alimony
These situations are not that common and when they do happen, it is usually when the couple is getting back together, i.e. reconciliation agreements. I'm not even sure how effective it would be if you guys do get divorced. By that I mean, a skilled lawyer may be able to get around it. Even though I practice family law, I wouldn't want to do it but I can refer you to an attorney that practices family law exclusively and would have more experience with it. If you do it, I would suggest you videotape it as well.