Legal Question in Family Law in New Jersey
Married in NY: Living in NJ_Need Divorce Advice
my husband&I have only been married 2 years after several years of living together and have 2 children, ages
6.5 and 2. I am looking at the possibility of divorce-do I look to a NY or NJ Lawyer? Will c/s be based on NY or NJ guidelines? We have a home and I have always paid our mortgage (1.5 years).. does this make a difference in the settlement? Thank you.
3 Answers from Attorneys
Re: Married in NY: Living in NJ_Need Divorce Advice
To file a divorce complaint in New Jersey either you or your husband must have resided in New Jersey for a year.
Assets acquired during a marriage which are not gifts or inheritance are divided equally between the parties.
If you wish to discuss your matter further you should call my office.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Married in NY: Living in NJ_Need Divorce Advice
Although you were married in NY, you can still get a divorce in NJ provided you meet the standars for a NJ divorce.
With regard to the home if the home is in both you and your spouse's name, it will not matter who pays the mortgage.
Antoinette M. Wooten, Esq.
The Whittier Law Firm
Re: Married in NY: Living in NJ_Need Divorce Advice
You did not provide the information for an attorney to definitely answer your question, but this is not surprising. It is very hard for an ordinary person to know what the law requires in all of the issues involved in a divorce. Where you have lived, where he has lived, and for how long, will be important.
As to the house, it is not automatically split half and half, the Court makes an equitable (what the Judge decides is fair) split based upon your particular situation.
I strongly suggest that you hire an attorney to advise you and assist you. The children are young and you will be raising them for many many more years. The decisions you make now will influence their lives and your life for decades.
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.