Legal Question in Family Law in New Jersey
Divorce & Money
I'm getting divorced; there are no children in the marriage. My husband's business was doing badly, and he borrowed money from me, both cash & credit cards. I had him sign a contract that he owes me the money, regardless if we are married or not. It has been like pulling teeth to get any money from him; however he does eventually come up with payments, although not as regularly as I'd like. He has served me with divorce papers. My question is: do I have to address this issue now in the divorce, or can I wait and sue him later if he doesn't continue paying me? I was told even if we add the $ to the divorce agreement, I may not get it anyway, and I may be better off waiting and seeing, if possible. Can I legally do this, or do I lose any right to sue once the divorce is final?
3 Answers from Attorneys
Re: Divorce & Money
If you want to have a chance to collect what is owed, you need to do this in the divorce.
Your questions are reasonable, and important, and complicated. It is not possible to give you a short and simple answer.
You really need to sit down with an attorney and get some guidance. The decisions you make now will have a profound, serious and long lasting effect upon you.
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.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Divorce & Money
If you sit on your rights you may lose your rights.
In court matters the parties are required to raise all claims they may have against one another. This is called judicial economy. When a case between two parties is resolved that should be the end of things relating to claims pending when a legal action is brought to court.
Your husband's obligation to repay the loan should be a part of your divorce action and should be resolved by it.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Divorce & Money
Mr. Moore is correct. Another term of this is the "entire controversy doctrine".
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