Legal Question in Family Law in New Jersey
NJ No fault
In NJ time for no fault is 18 months if during that period husband and wife spend the night have sex does time start over? Also if wife's known boyfriend is a drug user /dealer is there any leagal recourse to keep him away from cildren age 13 & 16 Thank you
2 Answers from Attorneys
Re: NJ No fault
hi - usually that's one of the questions that the judge asks (re:sex, that is). i guess that if you're still doing that, maybe the marriage can be saved. or, so the theory goes... so, theoretically, the 18 months starts again. as far as the drug dealer/boyfriend, without proof, it's just an allegation. with proof, call the prosecutor's office. if he's in jail, he can't be w/your kids. feel free to call me at 609 263-0089, if you have any further questions. good luck !!
Re: NJ No fault
You know if you ask two lawyers a question, you may get three (or more) answers. I do not disagree with the answer from my colleague totally and I would absolutely agree that if there is any chance to save the marriage, that route ought to be explored. However, in my opinion, one or two sexual contacts over an 18 month period may not make the period start over again. It really depends on whether or not you can prove that they were honest attempts at reconciliation that failed, or whether they are viewed as evidence that the marriage has not ended. As for the drug issue, I believe you should discuss this with your own attorney, if you have one. If you do not have one, you need to get one. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner