I have a new client whose wife (parties married in May 2012) moved down to Maryland (her parent's home) in May 2013 because the parties were experiencing marital difficulties, she was dealing with ongoing problems related to her Bi-Polar diagnosis and alcoholism, and the parties wanted to take a break. In the end of June, the Wife suggested that the parties' son (born January 2010) should be taken out of daycare to save money (the Wife had been laid off and was receiving unemployment while the Husband remained in New Jersey with the child while he was working) and so she could "home school" him. At that time, the parties were contemplating continuing their marriage and, possibly, moving to Maryland if the Husband could find a job and the prospects of their marriage remained strong.
This past week, he learned that the Wife had been sleeping with another man while she was in Maryland and he decided he no longer wished to move to Maryland and no longer wished to continue their marriage. He now wants to file for divorce and have the child returned to NJ.
My question is whether I can file a straight divorce complaint with a simultaneously filed Order to Show Cause or if I should file a Verified Complaint for Custody with an Order to Show Cause, followed by a Complaint for Divorce later. My belief is that I do not need to file the Verified Complaint, but I want to be sure before I file my application.
Also, can anyone recommend a psychologist that I should recommend using to perform a risk assessment and psychological evaluation on the mother/wife, as she is currently not on her medication for her bi-polar disorder?
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David Cardamone Esq.
Little Silver NJ
(732)741-6769
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