Legal Question in Family Law in New Jersey

My niece has a legal separation agreement with her husband, who is a Marine stationed in Japan. They have not lived together for at least two years, and she wants to proceed with the divorce. He has not been paying her the monthly amount stipulated in the separation agreement, and has stopped paying for a Jeep which is in his possession but was purchased in her name because of his bad credit. She would like to proceed with the divorce. Does his being stationed in Japan make the divorce difficult at this time? Does she need an attorney familiar with military law as well as divorce law? This has been going on for a long time and is creating a great deal of stress for her as well as a financial burden. Please advise as to her options considering that her spouse is in the military and does not reside in the US at this time.

Thanks,

Chuck Augello

Randolph, NJ


Asked on 10/24/10, 7:54 am

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.

Dear Mr. Augello,

Your neice needs an experienced divorce attorney to get on this for her, right away. Usually, the guys in the military are not stupid enough to fail to pay agree-on support. It can cause him problems or even harm his military career.

My job, in part, would be to create those problems for him. I would seek to force him to pay what he should. Much as I respect and support our troops, this man is not doing the right thing.

The fact that he is active duty does not prevent her from getting a divorce.

Have your neice give me a call, make an appointment to come see me, and let's get moving on this for her. Waiting until the vehicle is repossessed will harm her.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the formation that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 10/29/10, 8:13 am


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