Whitehouse, NJ Divorce Law Firms & Lawyers

Thank you for your question.  It is never easy to find yourself in a marriage with the wrong person.  To determine what portion of the home you would be entitled to, a full review of the finances would be required.  However, it sounds like you are entitled to some “sweat equity” for the minor renovations you mentioned performing.  Since the house was only purchased recently, there likely is not much equity in it just yet.  However, there can be creative solutions to get you what you are entitled to for your contributions.  It is important that you contact a matrimonial attorney as soon as possible to discuss all of your rights under the specific circumstances of your case.  

no - you will not file in New Jersey.  You will file in the state in which you live, provided you meet New York residency requirements.  In New Jersey you must live in the state, and live here for one year prior to filing.  If you have lived in New York for more than one year chances are you have met the residency rquirements and could file from New York.

Two things: 1) Generally, a judge will accept any terms that the parties believe are fair. 2) There are two ways a case can proceed if you don't file a Response: a) Default - this means that your wife would complete the divorce without your involvement, including attending a brief hearing in several weeks to have the judge enter the divorce based on the terms listed in the Petition; or b) Consent - this means that you and your wife both sign final divorce papers and submit them to the judge to sign and finalize the case (no hearing). Having a case go by default could affect your rights going forward; if you have reached full agreements, I would recommend submitting a Consent Decree (you can do this even if you haven't filed a Response, but you will still have to pay the filing fee for the Response)