Hamilton, NJ Divorce Law Firms & Lawyers

He cannot obtain a divorce unless and until he proves to the court that he has caused the summons and divorce complaint to be personally served upon you. He 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 he 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 he 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.

If you made your husband sign a prenuptial agreement did you sign one also?  Did you mutally agree that you would not seek alimony?  If you did, then the prenuptial agreement would govern.  however, if the agreement is limited to him not having an interest in your house, then you might be able to get alimony. 

Thank you for your question.As part of a divorce it will need to be determined what will occur with the home. Regardless of whose name the home is in, if it was purchase during the marriage with marital funds, it is a marital asset that will need to be divided. In some cases, one party may wish to keep the home and buy out the others interest. Generally after this occurs the party that maintains the home is responsible for the costs. In other situations, neither party may be able to afford the home and it will need to be sold with the proceeds to be split. Based on your circumstances, I would suggest contacting an experienced family law attorney to address your specific concerns.I hope this information was helpful to you.