Legal Question in Family Law in New Jersey

Re: Is It Considered A Divorce?

1. You are not legally "divorced". You may have grounds to file for a divorce in court. The divorce is finalized when a judge enters an order declaring that the marriage is dissolved. This cannot be done until issues such as child support, visitation, custody, and property distribution have been resolved.

2. As the home is currently titled in both names, you would not be able to refinance unless your wife agreed to do so. Your wife's name would have to be on the new mortgage, even if her name is not on the promissory note, because she has both a legal and equitable interest in the property, unless a voluntary agreement is made by which she sells her share of the home to you.

It sounds like you are trying to devise a property distribution agreement. This should be done in consultation with an attorney. If your wife and you voluntarily agree to a particular distribution, and it is not unfair, it should be approved by the judge. If your wife does not agree, then the judge will ultimately have to decide how the property should be distributed.

Re: Is It Considered A Divorce?

In New Jersey a divorce is the consequence of a

written judgment by a judge that two married people are no longer married after sworn testimony

is heard on the record and in court that sufficiently proves the existence of a factual

scenario which the law says is an adequate reason for terminating a marital relationship.

Secondly, your house belongs to the two of you and refinancing requires that you both agree to it.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Re: Is It Considered A Divorce?

Although you and your wife have been separated for almost two years, you are not legally divorced. You can, however, file for a divorce now and claim abandonment as a reason for the divorce. With regard to the home, if your wife's name is on the deed, but she has not contributed to the mortgage in the past nineteen months, I would make sure that this is made known in the divorce settlement. I would also mention the fact that your children live with you, and not with their mom.

AMW