Legal Question in Family Law in New Jersey
without prejudice letter to protect spouses custody/property rights
my husband and i would like to begin this process by establishing a second residence, and then proceeding to mediation for the formal separation. we want to be apart now, and he wantstosign a letter to protect my property/custodyrights. my attourney advised me to write it myself, and i'm confused. thanks so much.
3 Answers from Attorneys
Re: without prejudice letter to protect spouses custody/property rights
I am confused too. I am not sure what you are trying to protect, nor how you are going to do it.
If your attorney can not advise you, get a new attorney. Find someone who spends a good deal of his/her time (1/4 or 1/3 or more) on divorce.
You are in south Jersey. I do not believe I can assist you.
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.
Re: without prejudice letter to protect spouses custody/property rights
You should indeed give or send a "move-out letter" to your husband, and have him sign it to show that he agrees with its contents.
I have a simple form letter that is used for that purpose. I could send it to you free of charge, if you'd like.
Please contact me if you'd like this form letter.
Re: without prejudice letter to protect spouses custody/property rights
You and your spouse appear to be perfect candidates for a Mediator. A good Mediator can put together an agreement that would lead you to an amicable resolution of all issues. Feel free to give me a call to discuss mediation in more detail. Mention Law Guru and your first one hour consultation would be free. Rob Gleaner