Legal Question in Family Law in New Jersey

Seperation legalities

I currently have a restraining order on my husband. I am seeking a mediator to help assist in a divorce but they told me that they have never dealt with such a matter where someone had a restraining order against them nor did they know how to handle the situation because they needed both of us present at sometime. I then went to the courts to ask for the restraining order to be modified for several areas including to be able to meet publicly in order to be able to proceed as economically with the divorce but not allowing him acess to my home, So that I am not alone with him behind closed doors. They told me that the only option for me was to lift the restraining order. What I want to know is if I typed up a legal seperation document agreeing to certain terms such as living arrangements and financial arrangements signed by both parties witnessed by a third and also notarized by a notary how legal would that document be if he challenged it in court before getting a final divorce judgement.

Thank you for your time

Rose


Asked on 11/28/01, 3:15 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Modification of FRO and amicable divorce proceedings

You can make any type of agreement you want. However, to make it enforceable, you should have it placed into a Court Order and signed by a Judge. Also, you should know that although it is unusual for parties involved in domestic violence to have a mediated divorce, it can be done. In any case, the advice of a lawyer and/or the assistance of a mediator is crucial. 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, either as a lawyer or as a mediator. 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

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Answered on 11/29/01, 9:06 am


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