Legal Question in Family Law in New Jersey
responsibility after divorce
hi,
i am working as nurse now, and my husband is working a small parttime job only for last 3-4 months. i am seperated now and living in different state and planning for divorce, also planning to buy a house in next 3 months. will my property will be divided in half even if v both agrees mutually for divorce ?? and will i be responsible for health as well other debt after divorce ??? and what about his debt now ?? if v divorce mutually , i suppose to pay for his debt before divorce or not ???
2 Answers from Attorneys
Re: responsibility after divorce
You need to meet with an experienced divorce attorney, to have these questions and many other questions answered.
You should NOT buy a new house until you get advice from an attorney. You should NOT pay his debts until you get advice from an attorney.
All the things that you bought and own together (including house, automobile, bank accounts, pension plans and more)and all debts that you incurred together, are divided in a divorce. There are a lot of exceptions and rules on this. So, do not make any changes until you get an attorney's advice.
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, and I will give you a free initial consultation.
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: responsibility after divorce
To file an action for divorce in New Jersey you or your husband must have resided in New Jersey for at least one year.
Assets acquired during the marriage, except exempt items are divided, in a divorce, in equal shares. Items or debt acquired prior to or after the factual end of the marriage are not part of the marital estate. Gifts and inheritance are exempt. The factual end of the marriage depends on the circumstances of the marriage, but the filing of the divorce complaint always marks the
factual end of the marriage. If you firmly believe that you want a divorce you should file your divorce complaint prior to buying the house.
The debt from the marriage is also divided equally between the parties. No debt acquired after the filing of the divorce complaint is a part of the marital estate.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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