Legal Question in Family Law in New Jersey

Is this Mental Cruelty?

2yrs ago I retained an attorney for a divorce,however due to lack of funds I'm paying him in bits and pieces so the paperwork has not been filed. Right now my husband and I are living in the house we both own. Lately he's been talking to other woman on the phone in my presence without a care in the world. He's trying to get me to move out until the divorce is final. Is there a way for me to legally move out and not be responsible for the mortgage and other household expenses? Is there a way for me to get him to move out instead? This situation is very upsetting and to be honest I don't know how long I can go on living this way. We have no children


Asked on 1/29/09, 6:08 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Is this Mental Cruelty?

The time leading up to the separation is often very difficult for both parties. If the parties cannot agree on who pays for what prior to the divorce, then a Judge would decide it in a Court proceeding called a "Motion". Sometimes, the lawyer would file a Divorce Complaint and a Motion at the same time, to get a Judge to put together some ground rules while all of the final issues are being sorted out.

In your case, you would need to convince the Judge why you should not be required to pay, based on your ability to pay or any other relevant factors. And you may even be able to get an Order requiring him to pay some of your expenses or some interim spousal support.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Family Law attorney. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 1/30/09, 8:45 am
Richard Vallario Richard W. Vallario Law Office

Re: Is this Mental Cruelty?

There is too much missing information to answer your questions. For example: Are you both parties on the mortgage? In whose name are the utility bills? How much have you paid your attorney and what amount is still owed before he will file?

See a different attorney for another opinion.

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Answered on 1/30/09, 12:46 pm


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