Legal Question in Family Law in New Jersey

''Equitable'' Distribution - short marraige

I had short-lived marraige (6 months, no kids) and am filing for divorce in NJ. I have the following questions:

1) If my annual income is $90K ($60K after tax), monthly expenses of $2K and we have no other significant marital assets, what would an ''Equitable'' distribution (roughly) be? My wife is home maker, young (27), healthy and technically qualified.

2) If we have Seperation/Property Distribution Agreement, and file--name removed--uncontested divorce, is it still required to show all my income and property details to the court? Will they re-calculate/change the distribution?

3) How long will it take to obtain an uncontested divorce in NJ? Do both of us need to be present in court, or either one is sufficient?

Thanks in advance for your reply.


Asked on 7/23/02, 5:15 am

2 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: ''Equitable'' Distribution - short marraige

Do not mix up the concepts of "equitable distribution" and "alimony". The first is a division of assets; the second is money for the "supported" spouse, based on many factors, two of which are length of marriage and the life style you developed during your marriage. In your case, with such a short marriage, it seems to me that it would be very difficult to prove that the two of you developed a lifestyle that dictates that you be required to keep for her. However, before I can make a final decision on that, I'd prefer to review your entire matter more closely. On your other question, even though you are technically required to file documentation showing your financial circumstances, many Courts do not require it. And, even the ones that do will ordinarily approve any fairly negotiated agreement. Obtaining the divorce would be fairly quick and usually, only one person needs to appear if the other has signed all appropriate documents. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you need to contact an attorney immediately (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 7/23/02, 8:32 am
Edward Weinstein Law Office of Edward R. Weinstein

Re: ''Equitable'' Distribution - short marraige

Thank you for your inquiry.

In a settled case, the Court will not review the terms of the agreement (i.e., equitable distribution). However, I need to learn more facts in order to comment on what the distribution of assets should be in your particular case.

As it would be my pleasure to speak to you regarding your potential divorce, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com

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Answered on 7/23/02, 8:48 am


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