Legal Question in Family Law in New Jersey
needing an attorney licensed in both NJ and FL
I need to get a divorce with a qdro order for the annuity fund that is marital property. I was married in NJ in 1988, moved to FL in 1991 with my husband--name removed--He moved back to NJ in 1999--name removed--I want a divorce from him but have been unable to afford or find a divorce attny who can acheive what I desire to have done--name removed--I need to get a QDRO against his annuity fund--name removed--I currently have a child support order and I have recently been able to get a QDRO ordered for the child support arrearage against his annuity--name removed--I was advised by an attorney in NJ to get a QDRO order with my divorce for monies I am entitled to in addition to the child support--name removed--The FL attny I contacted said it was a NJ matter, and I need to find an attny licensed in both NJ and FL to handle my divorce and QDRO together--name removed--Please help--name removed--I am out of ideas--name removed--(His annuity fund is through the Philadelphia Carpenter's Health and Welfare--name removed--He is an unemployed union carpenter through the Philadelphia Carpenter's Union--name removed--He resides in NJ since 1999 and has worked with the Phila. Carpenter's Union since 1985, when he is working.)
3 Answers from Attorneys
Re: needing an attorney licensed in both NJ and FL
Apparently, you have talked with a NJ and Fl attorney.
Based on what you have written it appears either NJ or Florida would have jurisdiction to grant a divorce and issue a Qdro.
Please clarify why you think you need an attorney licensed in both states.
Good luck to you.
Re: needing an attorney licensed in both NJ and FL
You can file an action in divorce only in one state at a time. The husband resides in New Jersey and the New Jersey law as to equitable distibution of the marital estate is favorable to you. The qualified domestic relations order will be done after the divorce is final and will be served on the Philadelphia union. I am certain that the union has sufficient contacts with New Jersey, being only across the river from Camden for the New Jersey order to be binding on the union as to the distribution of the pension benefits in your divorce.
It seems that you already have a child support order in Florida which satisfies you. Since the children reside in Florida the action for divorce would give full faith and credit to the child support order.
You need only find a New Jersey attorney who handles divorce.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: needing an attorney licensed in both NJ and FL
I agree with Mr. Moore. You only need one attorney.
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