Legal Question in Family Law in New Jersey
My cheating husband wants to file for divorce on his own terms, meaning that he might not file divorce for infidelity. He has money but I really don't want anything from him; I think he doesn't want me to file for divorce because he might think I want money from him. I don't want to file for divorce because I don't think I have to pay for it after all that he did to me, but it really bothers me that he will file for the wrong reasons. If I get served for divorce, do I have to sign if I disagree with the divorce papers?
3 Answers from Attorneys
The cause of action for divorce (adultery or otherwise) has no impact on any decision made in the divorce proceedings regarding custody, parenting time, equitable distribution or any other issue. That is negotiated out by the parties or decided by the Court with no consideration of the cause of action.
Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. Good luck!
Rob Gleaner
Clearly, you have yet to sit down and speak to an attorney. As the other attorney said, the cause of action has nothing to do with anything. Who files or why they files has no impact on anything else either.
You will want to sue him back for divorce, for the infidelity and all of the rest of it.
Call me, I have been helping people for many years, and I can help you. No charge for the first office visit, we will talk it over, and you decide what you want to do.
Robert Davies, Attorney 201 820 3460