Nj divorce question

[alamarina]

What is the name of your state (only U.S. law)? NJ

Hello,

I am filing for divorce from my wife of one year pro se through one of the "divorce center." I have a few questions.

First, we have a pre-nup, but in the pre-nup the second rate lawyer I had stated that since she didn't have a lawyer he was in fact a mediator and that it might not stand up in certain courts. This is written into the agreement. Because of that I am not certain whether or not to include it in my filing.

Also, the filing states we have agreed on alimony and property settlement but nothing about 401Ks etc. If the divorce is granted in NJ is it statutory that she would automatically receive half of everything?

Last in filling out the form DC-102 there are several boxes to check off. One of them just says pensions. Does that mean active pensions being received or 401K, IRAs etc.

Thank you very much for your advice.

PS she lives in MD and I have to serve her via sheriff. She may or may not cooperate. Or it may be a default divorce.

 

[Proserpina]

What is the name of your state (only U.S. law)? NJ

Hello,

I am filing for divorce from my wife of one year pro se through one of the "divorce center." I have a few questions.

First, we have a pre-nup, but in the pre-nup the second rate lawyer I had stated that since she didn't have a lawyer he was in fact a mediator and that it might not stand up in certain courts. This is written into the agreement. Because of that I am not certain whether or not to include it in my filing.

Also, the filing states we have agreed on alimony and property settlement but nothing about 401Ks etc. If the divorce is granted in NJ is it statutory that she would automatically receive half of everything?

Last in filling out the form DC-102 there are several boxes to check off. One of them just says pensions. Does that mean active pensions being received or 401K, IRAs etc.

Thank you very much for your advice.

PS she lives in MD and I have to serve her via sheriff. She may or may not cooperate. Or it may be a default divorce.

As a very general rule, if you didn't BOTH retain separate counsel you're going to have difficulty enforcing the pre-nup.

 

[alamarina]

Thank you

As a very general rule, if you didn't BOTH retain separate counsel you're going to have difficulty enforcing the pre-nup.

Thank you. I think I will file without the prenup attached and take my chances.

 

[LdiJ]

Thank you. I think I will file without the prenup attached and take my chances.

Just a few things...mostly examples so you have an idea what is or isn't marital property and is or isn't separate property.

401K - Any money in the 401k that was there before you got married is separate property. Any money put in during the marriage is marital property.

Any physical assets, home, car, boat, rental property etc. that was purchased before the marriage (as long as the other spouse's name wasn't added to the title/deed) is separate property. If marital assets were used to make payments (money earn during the marriage) or to maintain the property then any equity that accrued during the marriage would be marital.

Example: You bought your home before marriage. It was worth 150k with 40k in equity when you got married. Its worth the same now (one year later) but has 43k in equity. 3k is marital property.

So the way things boil down for you is that since you have only been married for one year, there is not going to be a lot of marital property, unless you turned around after you got married and put your wife's name on everything.

 

[tuffbrk]

Alimony should not be a factor with a one year marriage, especially as she is living out of state.

She gets half of what was accrued during the marriage - not a full 50% of everything you own...and vice versa.