Divorce or Annulment? Very unusual situation.

[mistoffolees]

Thanks Isabella.

CAN i file already?

Do a little research.

Go to google.com. Enter 'nj' 'grounds' and 'divorce' (without the quotes).

The first hit is:
New Jersey Grounds for Divorce — DivorceNet

It states that extreme cruelty is grounds for divorce in NJ. What you described seems to apply. But given that you can't even conduct a Google search, do you really expect to be able to handle your own divorce? See an attorney. But first, file for a restraining order.

 

[mommyof4]

Do a little research.

Go to google.com. Enter 'nj' 'grounds' and 'divorce' (without the quotes).

The first hit is:
New Jersey Grounds for Divorce — DivorceNet

It states that extreme cruelty is grounds for divorce in NJ. What you described seems to apply. But given that you can't even conduct a Google search, do you really expect to be able to handle your own divorce? See an attorney. But first, file for a restraining order.

She DID, very clearly, bring up the issue of cruelty and the statute states that she cannot file for divorce on grounds of cruelty until 3 months from the date of the incident. I actually googled it as well (based on her post) because I was sure that she had misread the statute. She didn't. Thus....her further questions on how to protect herself in the next 3 months until she can file.

I didnt know if i should start a new thread or keep posting my questions here.

Last night i had to call the police. My husband came home from work and we had an argument. He started acting in a violent manner, throwing things at me, doing embarassing and hurtfull stuff - like putting tomato soup on my head, breaking dishes, emtying garbidge can on the floor. He created a horrible mess and damaged quite a few things, disrespected me by those actions big time. My 11 year old was a witness to all that**************...As soon as the police was called, husband took off and didnt return. And i am sure will not.

We had a domestic violence case about three years ago, he went through anger management and things were good for a while. The case was dismissed back then, with the help of my attorney. I know what consequences of pressing charges are, and when the police came by yesterday they asked me if i want to proceed with the RO and charges. I said that i will think about it and make my decision today.

Any way. My post is not about that. My post is about divorce, which i want. I researched a lot on this subject and found out that in NJ there have to be grounds for divorce. I would file for unusual and cruel treatment - which is what it is, but the last incident has to take place 3 months prior to the filing of the divorce. We have only been married a month, and here comes my question: How can i protect myself from possible debt accumulated by husband while i am waiting for these 3 months in order to be able to file? There is no legal form of legal separation in NJ. What should i do, to NOT be responsible for his debt or actions within these 3 months by the time i am legally able to file for divorce??? Please anyone - give me some advise. I am scheduling a consult with attorney, but if anyone has any insight on what should i do - please help.
BTW - husband disconnected my cell phone last night. My line was on the family plan, and he is the account holder. Can he legally do that?

 

[green_turtle]

Do a little research.

Go to google.com. Enter 'nj' 'grounds' and 'divorce' (without the quotes).

The first hit is:
New Jersey Grounds for Divorce — DivorceNet

It states that extreme cruelty is grounds for divorce in NJ. What you described seems to apply. But given that you can't even conduct a Google search, do you really expect to be able to handle your own divorce? See an attorney. But first, file for a restraining order.

Misto....did you read my post?

 

[green_turtle]

She DID, very clearly, bring up the issue of cruelty and the statute states that she cannot file for divorce on grounds of cruelty until 3 months from the date of the incident. I actually googled it as well (based on her post) because I was sure that she had misread the statute. She didn't. Thus....her further questions on how to protect herself in the next 3 months until she can file.

THANK YOU mommyof4!

Yes....THAT is my question. Can anybode comment on this with this regards?

Update is as follows: STBX called me on my work# a minute ago. Left a message that he stopped by the house, picked up his cloth, and said :"if you want to change the locks - go ahead, i do not mind, i will not be back". He sounded civil, reasonable and respectiveWhich is after his conduct last night is a good sign.

 

[CourtClerk]

I wouldn't be changing the locks on his home.

 

[Ohiogal]

I would be getting a restraining order. I would also be making sure he was charged.

 

[green_turtle]

I would be getting a restraining order. I would also be making sure he was charged.

If i dont file for a RO today - will the police record taken last night and a message left on my answering mashine stating that he took his personal belongings and moved out be sufficient proof of legal separation in NJ?

 

[Ohiogal]

If i dont file for a RO today - will the police record taken last night and a message left on my answering mashine stating that he took his personal belongings and moved out be sufficient proof of legal separation in NJ?

Why risk your safety? If he was violent get a restraining order. TO PROTECT YOURSELF. It will also show the court that you want SEPARATED from him.

 

[mistoffolees]

She DID, very clearly, bring up the issue of cruelty and the statute states that she cannot file for divorce on grounds of cruelty until 3 months from the date of the incident. I actually googled it as well (based on her post) because I was sure that she had misread the statute. She didn't. Thus....her further questions on how to protect herself in the next 3 months until she can file.

She already got the answer to that - SEVERAL TIMES.

She has to file for a restraining order.

 

[mommyof4]

She already got the answer to that - SEVERAL TIMES.

She has to file for a restraining order.

If you had bothered to read her response (after she researched) and her resulting questions, you would have seen that your response was rude and out of line.

If you didn't want to bother to give her the answer (or didn't know) to her question in the post that I qouted for you, you could have just skipped it.

A simple "oops...didn't see that part" would have been an appropriate reply when it was pointed out that she DID look up the statutes and had further questions.

 

[mistoffolees]

If you had bothered to read her response (after she researched) and her resulting questions, you would have seen that your response was rude and out of line.

If you didn't want to bother to give her the answer (or didn't know) to her question in the post that I qouted for you, you could have just skipped it.

A simple "oops...didn't see that part" would have been an appropriate reply when it was pointed out that she DID look up the statutes and had further questions.

She keeps asking the same questions that a simple google search would have answered-even after it was pointed out to her that Google would give her the answers. She keeps ignoring the advice that she gets. Sorry, I don't think my response was out of line.

 

[green_turtle]

Update

I had a consultation with an attorney last night. $2,500 retainer and $ 300.00 an hour afterwards. He said I can file already. Because we have been living together before - i can state in a divorce complaint that cruel and unusual treatment took place before marriage occured as well.
So....i am going to file by myself. To save $ 2,500.
Any recommendation what online source to use? LegalZoom? LawDepot?

Anyone ever filed divorce complaint pro-se?

Thanks guys.

 

[Ohiogal]

I had a consultation with an attorney last night. $2,500 retainer and $ 300.00 an hour afterwards. He said I can file already. Because we have been living together before - i can state in a divorce complaint that cruel and unusual treatment took place before marriage occured as well.
So....i am going to file by myself. To save $ 2,500.
Any recommendation what online source to use? LegalZoom? LawDepot?

Anyone ever filed divorce complaint pro-se?

Thanks guys.

You don't use the online sources. Seriously. YOu write it yourself and be prepared for the court to decide that what happened PRIOR to the marriage doesn't count for divorce purposes.

 

[kimberlywrites]

Did you file the RO?
Are you the primary on your credit cards? CANCEL THEM.
You really believe he won't be back, despite his past history with you? File the RO.
ETA: Get a credit report, in case there are any open credit cards you are a secondary signature on that you don't know about. (Speaking from experience. Hubby and I applied for a mortgage only to find out about $18,000 in credit card debt his ex racked up on a card he wasn't aware of)