Legal Question in Family Law in New Jersey
Can she keep taking ANYTHING she wants?
My wife walked out of my home and our family for an affair 3 1/2 years ago. We have been separated ever since and she never returned. I have sole custody of my 2 boys. Does she have a claim to anything that I purchased since that day? I have since replaced old, worn living room furniture, a 13 year old TV and numerous wall fixtures and knick-knacks around the house. I am permanently disabled, living on a fixed income and only buy items when it becomes a necessity. How much of a claim does she have on the ''after-she-left'' things? She took almost anything she could carry on the day she left. I mean will I always be at her mercy? It doesn't seem fair that she can keep demanding things in that she is the way who abandoned her kids and wanted to leave. I didn't throw her out. It was HER choice. By the way, she told my older son that she wants my PC desk. If I simply GIVE this to her then I will not have anything to put my equipment on and will have to buy something new. Why do I have to be forced to spend money to replace the desk when she could do the same? This is NOT a retail store here! She works at Target. She could buy one there and at a discount.
3 Answers from Attorneys
Re: Can she keep taking ANYTHING she wants?
You should not give her anything, and immediately seek the services of an attorney. I would recommend finding an attorney near the county where you live to assist you that is familar with family law.
In the meantime, New Jersey does not recognize "legal" separation. New Jersey is an equitable distribution state, which means the assets and debts are divided equally. The date for this evaluation is usually the date you file for divorce. However, the family court is a court of equity, and based on the limited information provided, you would have equitable arguments why she is not entitled to these assets.
Please call my office if you would like to schedule an appointment. My contact information can be obtained from the links below. 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: Can she keep taking ANYTHING she wants?
It sounds like you should just get divorced and end the headache, or at least start on the path to ending it. Depending on your situation, a computer desk will be the least of your worries. My consultations are always free, so give me a call at 732/247/3340 and we can discuss your options.
Good luck!
Re: Can she keep taking ANYTHING she wants?
You need a divorce. You should be collecting child support from her, and I would be a great deal that she has not paid a dime. It does not matter whether she has any job, she should be supporting her kids. You may also have a claim against her for alimony, but what your chances are of winning that claim and what amount, I am unable to say.
And yes, the other attorney is correct, if you buy things before filing for divorce, she will have a claim against all the new things (you may be able to beat it, but she can try to take them).
This situation is ridiculous. She is pushing YOU around, when she walked out and took everything she could? Please, you need a divorce from this woman. And that requires an experienced attorney located not too far from you.
If you would like, give me a call; I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.
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: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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.
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