Legal Question in Family Law in New Jersey
Getting Divorced
My wife and I separated after only 14 months. We've been living apart for 8 months. We are quickly approaching 2 years of ''marriage''. Is there ANY significance to the 2 year mark? I am concerned she is dragging her feet ... making it seem like she is trying to work it out ... only to keep the clock ticking.
4 Answers from Attorneys
Re: Getting Divorced
There is nothing significant about two years of marriage. Ten years of marriage means permanent alimony. In New Jersey irreconcilable differences for six months is enough for a divorce and no one has to say what the differences are.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Getting Divorced
There is no significance to the two year mark. There is significance, however, to every day that passes because when a Court determines equitable distribution, it usually divides assets based on the value on the date of the filing of the Complaint. For instance, if you've been contributing to a retirement fund since your date of separation, maybe she gets a piece of that. It works the other way as well: Maybe you get some of her contributions.
What is stopping you from getting an attorney to file for divorce? You are concerned she is dragging her feet? Why are you dragging yours?
Keep in mind that this information is given based on the scanty facts that you have provided. And no one can rely on advice from an attorney who has not been retained. In order to be able to rely upon any advice, you need to meet with and retain an attorney, who will be able to give you advice after a full and comprehensive interview. Before you do anything, you should contact an attorney for a full consultation. Good Luck! Rob Gleaner
Re: Getting Divorced
Mr. Gleaner is right on. What are you waiting for? Why not file for divorce this week? I practice in Atlantic County and have an office in Ocean County, so call me at 732/247/3340 to discuss.
Re: Getting Divorced
Is there a prenuptual agreement? Perhaps the 2 year mark has significance in that agreement (greater % of assets or settlement for longer marriage).
I don't know anything about NJ law. I just had a friend who dragged her feet filing for divorce for an extra six months in order to increase her settlement under the prenup from 500K to 2.5M. Her husband was clueless of her scheme. It happens.