Legal Question in Family Law in New Jersey
not married, have a child & step children, want her to leave but she will not
she has 2 children from a previous marriage, we have 1 son from our domestic partnership. we have been together over 15 years my son is going to be 12. she drinks alot and i do not. the house we are in is in my name only and i am listed as single. i want her out & the kids do not have to go. we fight all the time. i have a domestic violance charge against me but am assured they will be dropped @ trial from the arresting officer. she came w/ me to the court and dropped her charges but the state is still going forward. We seperated approx. 6 years ago for 1.5 yrs. in staten island, new york. we moved to new jersey approx. 2 years ago. she cooks, cleans, gets child support, and works but does not contribute to household bills. i keep asking her to leave but she wont and says shes entitled to half the houses worth. as shes sleeping off another one right now i found this sight in desperation for help or advise. We are also legal domestic partners in the state of new york. i have her under my medical insurance and have been claiming her and her 2 children for 15 years on my tax returns. i also truly think her's as wellas my son would perfer to stay w/ me. thank you for any advise ,help, or direction that can be given to me. thank you.
2 Answers from Attorneys
Re: not married, have a child & step children, want her to leave but she will not
Assuming that you have given all of the needed information (and no insult, I assure you, it is almost impossible for a person to give ALL of the critical information in a posting like this), then you may want to consider the following ideas.
You have a complicated mess, made more complex by the reality of having a child with her who must be raised, and by the New York domestic partnership. You need an experienced divorce attorney located reasonably close to you. This situation will not change until you change it. Her two children who are NOT yours are facing a tough road ahead, but it is not clear that you can assist them.
If you would like, give me a call to set up an appointment; I am in northern New Jersey. 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: you can not rely on the advice of 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: not married, have a child & step children, want her to leave but she will not
Thing sound just a bit complex. It seems that she beat you to the punch on the dometic violence charge. If you have successfully filed such a complaint against her she would be out.
You might take care that what is promised on the dismissal actually occurrs. Be prepared to ask for an adjournment to hire an attorney if there is no voluntary dismissal.
As for putting her out there are some questions that need answering. Who purchased the house. Secondly, what confers upon the two of your the title "legal domestic partners" and does that mean that you are in a same sex marriage.
Residing in New Jersey the law of New Jersey applies. New Jersey does not recognize same sex marriages.
You need to consult with an attorney so there can be some back and forth.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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