Legal Question in Family Law in New Jersey
We have been married 14 years. Have 2 kids. I have been victim of domestic violence in past. I have a dental degree from foreign country, but was not allowed to study here in US. So now I m homemaker and not employed. My question is every property bought after marraige is on my husbands name. I only have one joint account with him, which I am not given access online. But now we might planfor divorce or separation. As a wife what are my rights ?? If I file separation, and I want child custody how does it work. Thanks.
2 Answers from Attorneys
First, if property was acquired after marriage then it is a joint asset subject to equitable distribution (unless there is a prenuptial agreement limiting your rights).
Child custody will depend on the facts but if you have been kept home raising the children there is a good argument for you having shared custody with you as parent of primary residence. This would especially be true if there is a proven history of domestic violence.
These case are always fact sensitive and should be reviewed with an attorney. We have handled such matters in the past. If interested, please contact us for a consultation.
Call me at 1-855-9-JEFLAW to discuss. We can help you through this.