Legal Question in Family Law in New Jersey
dissipation
Due to heavy gambling losses on my part, my husband wants me to pay back at least half of my losses as part of our divorce settlement. We are selling our house, & he wants to keep my half of profits as reimbursement for gambling losses. I will have no money left to live elsewhere.Also, instead of sharing his retirement annuities, he wants them calculated using an unequal percentage. He has taken my name off of our bank accounts, took out a CD with our savings in his name only. He pays all house expenses now, except for food & other supplies. All I have to live on is my disability check. We saw a mediator with an unsuccessful outcome since I wouldn't agree to his proposals. I live in NJ, but our address of record is Florida. He is on active duty in the military stationed in Virginia. Can we divorce in NJ? How will the courts handle dissipation of assets? What recourse do I have? thank you.
1 Answer from Attorneys
Re: dissipation
Thank you for your inquiry. You must reside in the State of New Jersey for one year in order to file for divorce in this state. Regarding the gambling debt, an equitable argument must be made that he would be "unjustly enriched" if you were to be responsible for said debt.
As it would be my pleasure to speak to you regarding your potential divorce matter, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
214 Highway 18
East Brunswick, NJ 08816
Phone: 732-246-0909
Fax: 732-246-2888
E-mail: [email protected]
Web Page: www.edwardweinstein.com