Frequently Asked Questions

Grounds for annulment include, but are not limited to, the following: If there was no informed consent at the time of the marriage, the couple can seek a New Jersey annulment. If a person lacks the mental capacity to understand that they are getting married, the marriage can be annulled. This often occurs when someone who is intoxicated goes to a chapel on a whim and participates in a quick marriage ceremony. Any misrepresentation that affects the marriage can be considered fraud. The most common types of fraud cases occur when: One spouse lies about their desire or (lack of desire) to have children One spouse lies about their addiction to drugs or alcohol One spouse is an immigrant and uses the other spouse to stay in the country One spouse misrepresents their religious beliefs and that factor was an essential part of the spouse’s decision to get married A woman fails to advise her spouse at the time of their marriage that she is pregnant by another man In most circumstances, New Jersey annulments apply when there is a very short marriage and when few (if any) assets and debts have been accumulated. Since an NJ annulment treats the marriage as though it never existed, no marital property division takes place; however, property division may still occur through general contract law. In New Jersey marriage annulment proceedings, the courts have the power to award custody of children born of that relationship and may also award alimony payments. Annulments are difficult to obtain, however, so you should consider filing for divorce as an alternative.

A New Jersey court technically does not have jurisdiction over real property outside of the state and any order equitably distributing such property will only be as effective as a court in another state or country determines it to be in the event that it is met with a challenge. Within the U.S., this is usually not a problem, as a court of one state typically honors and defers to divorce agreements from other states. However, there is a likelihood that you would have difficulties trying to enforce an American divorce decree purporting to distribute real property in India in an Indian court of law in the event that your spouse challenges it. You should consult with an experienced matrimonial attorney in both New Jersey and India to find out what your rights are. Additionally, in order to be eligible to file for a divorce in New Jersey, you need to have resided here for at least one year prior to filing. You should consider meeting with an attorney well-versed in these areas. I recommend you seek a law firm that concentrates in family law. This concentration allows the attorneys to better understand the issues and complexities of you matter.

Mediation is an option for you. If successful, mediation can be far less expensive than a conventional divorce; however, mediation can be difficult if one or both of the parties refuse to act and negotiate reasonably.

In your situation, filing for divorce and support would likely be in your best interest. As your house may be in foreclosure, it may be necessary to file an application seeking support, payment of the mortgage, and for other relief. You should consult an experienced family law attorney to ensure your interests are protected.

In order to terminate alimony, you must show that there has been a substantial change of circumstances warranting the termination. For instance, if your ex is cohabitating with a third party, you may have grounds to terminate alimony.

Pursuant to New Jersey Statute, alimony may be suspended or terminated if the payee cohabits with another person. Cohabitation involves a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household.

When assessing whether cohabitation is occurring, the court shall consider the following:

(1)     Intertwined finances such as joint bank accounts and other joint holdings or liabilities;
(2)     Sharing or joint responsibility for living expenses;
(3)     Recognition of the relationship in the couple’s social and family circle;
(4)     Living together, the frequency of contact, the duration of the relationship, and other indicia of a mutually
supportive intimate personal relationship;
(5)     Sharing household chores;
(6)     Whether the recipient of alimony has received an enforceable promise of support from another person; and
(7)     All other relevant evidence.

In evaluating whether cohabitation is occurring and whether alimony should be suspended or terminated, the court shall also consider the length of the relationship. A court may not find an absence of cohabitation solely on grounds that the couple does not live together on a full-time basis. The analysis regarding cohabitation is very fact sensitive, so it would be necessary to discuss your case in greater detail. You should consult with an experienced family law attorney to ensure that your interests are protected.

In setting forth alimony, the court shall consider, but not be limited to, the following factors:

(1) The actual need and ability of the parties to pay;

(2) The duration of the marriage or civil union;

(3) The age, physical and emotional health of the parties;

(4) The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;

(5) The earning capacities, educational levels, vocational skills, and employability of the parties;

(6) The length of absence from the job market of the party seeking maintenance;

(7) The parental responsibilities for the children;

(8) The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;

(9) The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;

(10) The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;

(11) The income available to either party through investment of any assets held by that party

(12) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment;

(13) The nature, amount, and length of pendente lite support paid, if any; and

(14) Any other factors which the court may deem relevant.

Based solely on the question above, yes. However, as you can see, ordering alimony requires the Court to take in numerous factors, not just what the parties earn. It would be necessary to discuss your case in greater detail in order to provide a more precise response. You should consult an experienced family law attorney to ensure your interests are protected.

There is no federal statute that states how to divide military retirement benefits. The law that allows pension division in military cases is the Uniformed Services Former Spouses’ Protection Act (FSPA).

There is no length of marriage necessary for division of the military pension. The payments are calculated by the length of time you have been married.

For full medical benefits, you must be married at least 20 years, the other party must have served at least 20 years in the military, and there must be an overlap of at least 20 years between these two.

There is no federal entitlement. FSPA says that it’s up to the states to decide whether to divide military pensions or not.

The federal rules for jurisdiction over pension division lay out three tests.  If any one of them is met, the court will have the power to divide the pension.

No, it cannot be split between spouses.

New Jersey child support guidelines lay out a number of factors that go into determining the overall amount of child support the primary caregiver will receive from the other parent:

• The gross income of both parties
• The amount of time each parent spends with the child
• The needs of the child
• Daycare and schooling costs
• Medical expenses

Once the court determines the payment per the guidelines, those payments will most likely continue until the child reaches the age of emancipation.

Child support is an area that sees a lot of traction when it comes to modification requests. These often arise in situations where one parent’s income has changed drastically in either direction. They also arise when the circumstances surrounding the child change, including situations where parenting time has changed or where a child’s financial needs increase for school or activities.

You may terminate the employment of your current attorney and hire a new attorney. Your former attorney would have to sign a substitution of attorney, which requires a small filing fee. You should consult an experienced family law attorney to ensure that your interests are protected.

Income is only one factor taken into consideration by the New Jersey Child Support Guidelines. Other dependent deductions, work related child care, the percentage of overnights, and health insurance premiums are also taken into consideration. Though the mother earns more than you, you would still need to contribute support to her for the child’s care, if she were named the parent of primary residence. The Court would require the parties to provide all relevant income information, and if she does not, the Court may impute income to her.

If the mother leaves, she does not automatically get custody over the children, and must file an application with the Court. In awarding custody, the Court considers the best interest of the child. In making initial custody determinations, courts will consider the following factors:

• The parents’ ability to agree, communicate and cooperate in matters relating to the child;
• The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
• The interaction and relationship of the child with its parents and siblings;
• The history of domestic violence, if any;
• The safety of the child and the safety of either parent from physical abuse by the other parent;
• The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
• The needs of the child;
• The stability of the home environment offered;
• The quality and continuity of the child’s education;
• The fitness of the parents;
• The geographical proximity of the parents’ homes;
• The extent and quality of the time spent with the child prior to or subsequent to the separation;
• The parents’ employment responsibilities; and
• The age and number of the children.

It is unclear as to whether you are married or not; however, if you are, there is no legal separation in New Jersey. It would be necessary to discuss you case with you at greater length. It is important that you retain an experienced family law attorney to ensure your interests are protected.

You should file an emergent application, otherwise known as an order to show cause, for a custody and parenting time schedule, alleging that the urgency of the matter is your child’s illness and your wife’s refusal to let you see the children for however long is doing immediate and irreparable harm. That is the standard that the Court’s look to when granting orders to show cause, so it is very important that you allege in your papers and explain to the judge, if and when given the opportunity, that the children are at risk of immediate and irreparable harm by your wife’s refusal to let you see them. This must be done in the county in which your wife filed for divorce, and under the same docket number. The Court may not take the case on an emergent basis, but, if it does not, then it will likely convert the application to a regular motion. If for whatever reason the Court denies the emergent application, then you must immediately file for the same relief by way of notice of motion. Either way, the staff at the Courthouse will be able to give you the appropriate forms, or you can access them on the New Jersey Judiciary’s website under Represent Yourself in Court. Generally, orders to show cause by self-represented individuals must be hand-delivered to the Court (you can go to the Court and fill it in while you are there) and the judge will hear your case that same day.

It seems unlikely that you could qualify for an annulment; however, if irreconcilable differences have persisted for 6 months or extreme cruelty has existed for a 3 month period, you have grounds for a divorce.

Grounds for annulment include:

• inducement into marriage based upon fraud
• the marriage is illegal or
• you were not competent to enter the marriage at the time of marriage.

Though it would be necessary to discuss your case at greater length to provide a more precise response, the facts you have set forth make an annulment unlikely. The good news is that you would be able to get a divorce. Divorces are very complex, and it would be in your best interest to retain an experienced family law attorney.

Self-help is never advisable, as the Court will never look kindly upon willfully violating a Court Order. If you truly feel you and your daughter’s well-being are in danger, then you should contact DCPP or consider filing a restraining order. It would be necessary to discuss this matter further as many factors come into play when the Court makes decisions and involving DCPP can sometimes be more trouble than it is worth. You should consult an experienced family law attorney to ensure that your interests are protected.

Additionally, if the girlfriend is a danger to you and your daughter, you may be able to seek modification of the custody order. To modify custody, you would have to show the Court that there has been a substantial change in circumstances warranting a modification of custody and show that the change would be in the best interest of the child.

In awarding custody, the Court considers the best interest of the child. In making initial custody determinations, courts will consider the following factors:

• The parents’ ability to agree, communicate and cooperate in matters relating to the child;
• The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
• The interaction and relationship of the child with its parents and siblings;
• The history of domestic violence, if any;
• The safety of the child and the safety of either parent from physical abuse by the other parent;
• The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
• The needs of the child;
• The stability of the home environment offered;
• The quality and continuity of the child’s education;
• The fitness of the parents;
• The geographical proximity of the parents’ homes;
• The extent and quality of the time spent with the child prior to or subsequent to the separation;
• The parents’ employment responsibilities; and
• The age and number of the children.

Modification actions are very fact sensitive, so it would be necessary to discuss your case at greater length. You should consult an experienced family law attorney to ensure that your interests are protected.

You must file a summons and complaint for divorce in the county in which the cause of action for divorce arose. If you choose to proceed with a cause of action based on irreconcilable differences, which is the most common, because it is considered a no-fault cause of action, you must be able to certify in your complaint that you have resided in the state of New Jersey for at least a year preceding the commencement of your divorce complaint and that irreconcilable differences have arisen which have caused the breakdown of the marriage for a period of 6 months or more. You may file a complaint alleging fault based grounds, such as extreme cruelty, adultery, or desertion but it is highly recommended that you plead irreconcilable differences as well, because that is the easiest to prove. There is a filing fee and other forms, including but not limited to a Confidential Litigant Information Statement, Verification of Non-Collusion, and Affidavit of Non-Military Service, that are required. You can most likely get these forms from the court. Once the summons and complaint is filed with the court and you receive it back from the court with a stamp and docket number, you should hire a process server to personally serve your husband with the complaint. He has 35 days from the date of service within which to answer. You can try filing for an annulment, but they are difficult to obtain.

She cannot obtain a divorce unless and until she proves to the court that she has caused the summons and divorce complaint to be personally served upon you. She must thereafter file a proof of service with the court, which is a document sworn to and signed by the individual who personally served you. You should also contact the court in the county in which she resides to confirm whether or not anything has been filed yet. If you provide identification, they will most likely be able to give you that answer. Filing divorce papers can take some time, because there are multiple documents that need to be filed, not just the summons and complaint alone. Divorce can be a highly complicated area of law, even when you think that most issues are resolved. You should consult with an attorney to find out what your custody rights are as well as what your rights to support and equitable distribution are. Family courts are courts are equity and there are no set rules on things such as medical and dental expenses and college contribution. However, there is a presumption in NJ that these expenses should be divided in an equitable manner. As far as dental and college expenses are concerned, your divorce agreement should specifically provide for the method of allocating each of these expenses and the method by which she should reimburse you and/or pay same. Generally speaking, courts are guided by the following factors in determining college contribution:

1. Whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education.

2. The effect of the background, values, and goals of the parent on the reasonableness of the expectation of the child for higher education.

3. The amount of the contribution sought by the child for the cost of higher education.

4. The ability of the parent to pay that cost.

5. The relationship of the requested contribution to the kind of school or course of study sought by the child.

6. The financial resources of both parties.

7. The commitment to and aptitude of the child for the requested education.

8. The financial resources of the child, including assets owned individually or held in custodianship or trust.

9. The ability of the child to earn income during the school year or vacation.

10. The availability of financial aid in the form of college grants and loans.

11. The child?s relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance.

12. The relationship of the education requested to any prior training and to the overall long-range goals of the child.