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Questions & Answers | Links
QUESTION: Do I need my spouse’s consent to obtain a divorce?
ANSWER: No, if your spouse does not respond after being served with
papers, the court may grant a divorce on default due to the failure
of your spouse to answer the complaint. If your spouse does respond
and refuses to consent to the divorce, your case may be heard before
the court your case has been filed in.
QUESTION: Can I obtain child support on behalf of my children if no
divorce action is commenced?
ANSWER: Yes, child support can be obtained
without filing for a divorce.
QUESTION: Can I obtain custody of a child when I was never married
to the mother of the child?
ANSWER: Yes you can, however if an acknowledgement of paternity was
not signed, you must file a petition for paternity to establish that
you are in fact the father of the child. Once paternity is established,
an application for visitation or custody can be made to the court.
QUESTION: Can both spouses use the same lawyer to represent them in
a divorce proceeding?
ANSWER: No. Lawyers are prohibited from representing both a husband
and wife in an action for divorce. A lawyer may represent only one
party. If your spouse has served you with papers, you must obtain your
own independent attorney. If you do not have representation, your rights
will not be protected.
QUESTION: Can my spouse be forced to
help pay for the cost of college for our children?
ANSWER: Yes. Application must be made
to the Court to compel payment if no agreement can be made between
the spouses or their attorneys.
The Court will usually award an amount on a pro-rata basis depending
on the income of the parties. The Court may also place a “cap” on the
amount paid by both spouses depending on the income of the litigants
and the cost of the college the child is attending.
QUESTION: Can I obtain an increase of my child support payments when
my spouse is earning more money even though my separation or divorce
agreement states otherwise?
ANSWER: That depends on the facts of the case and how your payment
is being made. If it is made through the court collection system, you
may have an automatic right of review after a set period of time. However,
unless the Judgment or Stipulation provides for an increase, if payment
is made directly, you must prove your case pursuant to the standards
set forth in case law.
QUESTION: Am I automatically excluded from a share of property in
my spouse’s name only?
ANSWER: No. You are not automatically excluded. What you will receive
will depend on whether the property is classified marital or separate
as well as other factors used by the Court to determine equitable distribution.
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