Legal Question in Family Law in New Jersey

Re: Seperation with kids

This is probably one of the most difficult problems in a divorce situation. There are no "rules" as to how the divorce will get started. This is especially true since this stage is rarely governed by reason - emotions generally control. Thus, as difficult as it is, it is very important to try to make rational joint decisions, so as to limit the harm to the children as much as possible. I know that is easy to say and hard to do. However, it is crucial that the parties do everything possible to meet that goal. With all of that being said, it is hard to answer your question specifically without having access to more facts. Whether the house is maintained or sold is generally decided by financial factors more than anything else. If suitable housing can be found that is more affordable, then that is probably what will occur. A Court will always look for the solution that is in the best interest of the children. With regard to who stays and who goes, absent domestic violence, both parties have the same right to remain in the house. As a matter of fact, that should not be an impediment to divorce if both parties can rationally work on and carry out an "exit plan". In any case, the situation should not be allowed to "come to a head" before divorce papers are filed. For that reason, it is very important that you consult with an attorney immediately. 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 it appears that you have not retained an attorney, before you take any further 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

Re: Seperation with kids

I agree with the other responce you received regarding this matter. It is advisable that you consult an attorney and begin the divorce process. A restraining order might be the appropriate remedy in the eventof domestic violence,; however, in amny cases, a party seeks a restraining order against a spoucse simply vecause of constant discord between the parties, and not due to real domestic violence or harassment. A domestic violence complaint should not be used as leverage in a divorce proceeding. Many situations approach the "borderline" of domestic violence. You need to retain an a ttorney regarding your divorce, and yo ushould not seek a restraining order without retaining and consulting an attorney first. While judges routinely grant temporary restraiing orders, within a week, a hearing is schedule and the party seeking the permanent restraing order must prove the basis for it in court. A judge can vacate the TRO if there is no evidence to support it. You are welcome to contact me at 973-541-1500 to schedule an appointment for a free consultation.