- Jurisdiction
- New Jersey
Been married for 13 years, but we have been living separately since past 11 years. We do not have any joint accounts, properties or anything.
I have been married for last 13 years but me and spouse have been living separately since past 11 years and have not had much contact except for talking on the phone once in 3-4 months. 11 years ago, she had alleged false child abuse charges against me and took the child away. The reason I say false charges because her intention was to leave me and take full custody of the child and probably someone suggested her this child abuse idea and she went with it. And since the child was a toddler, the court went with the mother's version and awarded her the child's legal and physical custody and I took no visitation and since then I have been paying child support as per the court order. I do meet the child but maybe once or twice a year on the child's birthday or some other occasion. Now we both have decided to get divorced and mutually agree on the alimony terms and both are willing to sign a Marital Settlement Agreement. She does not want to come to the court and is ok with the terms we put in the agreement. It should also be noted that since past 11 years since she walked out, we do not have any joint accounts, insurance policies, properties or debts which hopefully should make the divorce simpler.
My questions are:
a) Should the Marital Settlement Agreement be filed along with the original divorce complaint or it should be filed later?
b) She wants one lump sum alimony from me, rather than getting in installments and I am ok with the amount and giving it one shot as well. Does law allow me to pay a one time alimony or its not legal? Can we document the one time alimony in our Marital Settlement Agreement?
c) We both agree that the child can have joint legal custody while the physical custody can remain with the mother, despite the fact that 11 years ago, the court had given the legal and physical custody to the mother. Given that she does not plan to come to the court to contest the divorce or even the joint custody, can I request the court for joint custody?
d) She is willing to sign the summons acknowledgement in front of a notary, so can I serve the papers to her personally by myself or the courts wont accept that acknowledgement? She lives with her friends and doesnt want the cops or Sheriff's officers to come to her house.
Regards.
I have been married for last 13 years but me and spouse have been living separately since past 11 years and have not had much contact except for talking on the phone once in 3-4 months. 11 years ago, she had alleged false child abuse charges against me and took the child away. The reason I say false charges because her intention was to leave me and take full custody of the child and probably someone suggested her this child abuse idea and she went with it. And since the child was a toddler, the court went with the mother's version and awarded her the child's legal and physical custody and I took no visitation and since then I have been paying child support as per the court order. I do meet the child but maybe once or twice a year on the child's birthday or some other occasion. Now we both have decided to get divorced and mutually agree on the alimony terms and both are willing to sign a Marital Settlement Agreement. She does not want to come to the court and is ok with the terms we put in the agreement. It should also be noted that since past 11 years since she walked out, we do not have any joint accounts, insurance policies, properties or debts which hopefully should make the divorce simpler.
My questions are:
a) Should the Marital Settlement Agreement be filed along with the original divorce complaint or it should be filed later?
b) She wants one lump sum alimony from me, rather than getting in installments and I am ok with the amount and giving it one shot as well. Does law allow me to pay a one time alimony or its not legal? Can we document the one time alimony in our Marital Settlement Agreement?
c) We both agree that the child can have joint legal custody while the physical custody can remain with the mother, despite the fact that 11 years ago, the court had given the legal and physical custody to the mother. Given that she does not plan to come to the court to contest the divorce or even the joint custody, can I request the court for joint custody?
d) She is willing to sign the summons acknowledgement in front of a notary, so can I serve the papers to her personally by myself or the courts wont accept that acknowledgement? She lives with her friends and doesnt want the cops or Sheriff's officers to come to her house.
Regards.
