NJSBA Family Law Section

 View Only

  • 1.  divorce case, husband ran away to CA

    Posted 02-07-2020 03:01 PM
    Hi Everyone,

    I wanted to run the case facts for this case, to see what the options are here - realistic options. 

    • Wife and Husband have been married for 20 years and two children, one is emancipated, and one is in college, junior. 
    • they file about $30-40k/yr in taxes, Husband is the primary bread winner, Wife claims the he makes more in cash and doesn't show the income - I have NO support for this, and most likely won't be able to get anything
    • husband is only willing to give her $500/month for one year, obviously wife wants more
    • he is also willing to give an undisclosed amount to help pay for son's college education. 
    • Husband abandoned wife in September 2019, filed for divorce and has not served the complaint because he thought his 'divorce center' was going to handle it 
    • When our office reached out to him on realizing a complaint was already filed, his attitude was basically, 'you can do whatever you want, I'm in CA.'
    • lastly wife is very poor and doesn't have money, and doesn't want to file a pendente lite motion, tried to convince her, but she doesn't want it. Wants to just go straight to fighting the case (I presume to save money)

    What do you think is the best case for wife?



    ------------------------------
    Pooja Mehta Esq.
    (732)283-7400
    ------------------------------


  • 2.  RE: divorce case, husband ran away to CA

    Posted 02-07-2020 03:32 PM
    Hi Pooja, 
    she needs to file and serve. If his complaint was filed but not served w/in 15 days it may be dismissed. And you have no control waiting for him to maybe serve his filed complaint. 
    If she is dirt poor, I'd immediately ask for pendente lite and a litigation fund based on her CIS. If she can pay a retainer, then you dont have to file for the litigation fund or the pendente, but if she hasn't paid up front, I would make this motion a requirement of my representation lest you never get paid. 
    best
    Tom King

    ------------------------------
    Thomas King Esq LLC
    45 Broadway,
    Denville, NJ 07834
    973-750-8348
    www.njfamily.law www.njdivorce.law
    ------------------------------

    Original Message


  • 3.  RE: divorce case, husband ran away to CA

    Posted 02-08-2020 06:38 AM
    If you call the court and the case was dismissed then you can file a new complaint, but if it was not dismissed yet I would think you could file a motion using that docket number, asking for PL support and extended time to file an Answer.  That way she does not have to pay the higher filing fee for a new complaint.  The issues I presume is how she is going to pay you and if you start the case with  no retainer then you will likely never get paid.  its always so frustrating to me when I really want to help, but there is never going to be money to get paid.  Good luck.

    Gerri

    GERALDENE SHERR DUSWALT, ESQ.
    ATTORNEY AT LAW
    Admitted in New York and New Jersey

    1812 Front Street
    Scotch Plains, N.J. 07076

    576 Fifth Avenue, Suite 903
    New York, N.Y. 10036

    Telephone:    (908) 322-5160
    Fax:              (908) 654-3970
    E-mail:          [email protected]
                        [email protected]
    Web Site:      www.duswaltlawfirm.com

    General practice of law serving the legal needs of the community, family and matrimonial law, bankruptcy, real estate, wills and general litigation.

    This e-mail and any documents accompanying this e-mail may contain information from the law office of Geraldene Sherr Duswalt, Esq. that is intended to be for the use of the individual or entity named in this e-mail transaction and which may be confidential, privileged or attorney work product. If you are not the intended recipient be aware that any disclosure, copying, distribution, or use of the contents of this e-mail is strictly prohibited. If you receive this e-mail in error, please notify the sender at once.



    Original Message