Legal Question in Family Law in New Jersey

One spouse wants divorce other does not and goes overboard

Mr and Mrs married 7 yrs - 2 children-ages 7 and 7 months. Mr wants divorce and has left marital home-has been out 3 weeks. Mrs in no way, wants divorce. Has verbally bestowed tons of guilt upon Mr. On one occasion Mrs has threatened suicide. Just this past week she took a whole bottle of pills to attempt suicide. Think she took zanex(?) which to my understanding, one cannot ''od'' on them. Mrs left messages on Mr's cell phone stating that she was taking this action. Two days later, Mrs was involved in a head-on collision with another driver. It is believed that Mrs crossed the center line - may i also add that she had her small daughter with her at the time. The other driver was killed. MY Question: What action can Mr take so as not to allow harm to befall his small children at the hands of the ''not logically thinking'' Mrs.? Mr. has returned to the marital residence to care for the children while Mrs. is recouperating from her injuries - she since has also returned home from the hospital. Can Mr. force her out? or should he take the children and leave?


Asked on 5/18/04, 6:08 pm

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

Re: One spouse wants divorce other does not and goes overboard

The easiest part of your question is that although a divorce can be delayed, eventually it will go through. The most important issue is protecting the children; secondarily, the family assets need to be preserved. "Mr" needs an attorney as quickly as possible to get custody and an order preventing "Mrs" from squandering any assets. She is not thinking clearly and who knows what she may be capable of. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly 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, you may want to 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. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 5/19/04, 8:20 am


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