Legal Question in Family Law in New Jersey
Wife wants divorce, i want to save marriage.
After more than 20 years of marriage, my wife has decided she no longer wants the responsibility of being a wife and mother. Our children are 16 and 18, and the 18 yr old just went off to college. I still love her but she says she no longer loves me. I have not done anything that would give her reason to file for divorce. I am not leaving our home.
Would she have to leave our home to be able to file for divorce?
Additional info/questions.
After her mother died, we were forced to have her father live with us. If she leaves, do I have the right to ask her father to leave with her?
I will take care of our kids if she leaves. Can she take our 16 yr old out of our home with her?
I am eligible for retirement. My monthly pension would be less than my current salary. Or I could take a large lump sum.
In general, is there any advantage/disadvantage to being retired or working at the time of a divorce, or taking monthly or lump sum pension benefits?
I would appreciate any advice/answers to any of these issues.
Thanks.
2 Answers from Attorneys
Re: Wife wants divorce, i want to save marriage.
Unfortunately, if your wife is determined to have a divorce, there is not much you can do to stop it. owever, whether or not the children should leave with her is another question all together. Moreover, whether or not you should retire is quite complicated.
Please feel free to call my office at 732-246-0909.
Edward R. Weinstein
Re: Wife wants divorce, i want to save marriage.
hi - she can get a divorce even if you don't want to. that's why it's called no -fault. after 18 months of separation, she can get it w/o your consent. custody of children is one of the many issues determined either during the divorce case, or at trial. i don'y think that you would have to keep on taking care of your father-in-law after the divorce. as far as retirement, it's a complicated issue that shouldn't be trivialized by a quick answer here. for instance, she might want alimony if she doesn't work...how long have you worked... what will you be doing after you retire...sometimes the courts tell the husband to pay the alimony out of his pension, as well as a lump sum to her...feel free to call me at 609 263-0089. good luck !!
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