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NEW JERSEY DIVORCE GUIDE

Knowledge is power.

>> How to File for Divorce. 

All the information necessary to file your Complaint for Divorce.

>> Gathering Information (Discovery).

In-depth details about the “discovery” process, including requests for documents, written requests for information, subpoenas, depositions, and requests for admissions.

 

>> Negotiation & Mediation.

Information relating to negotiation and mediation process, including mandatory custody and parenting time mediation, mandatory economic mediation, Early Settlement Panel, and Intensive Settlement Conference.

>> Uncontested & Default Hearings.

Information related to: (1) uncontested hearings, which occur after all the issues have been resolved by settlement agreement; and (2) default hearings, which permit the entry of a Judgment of Divorce despite one party’s failure to sufficiently participate.

>> Divorce Trial.

A discussion of the basic overview of a trial and a realistic recommendation to retain an experienced attorney.

>> How much does divorce cost?

Addresses an estimate of a divorce’s cost, how attorney’s fees are calculated, the use of divorce finance companies, advances of counsel fees from the breadwinner of the family, awards of counsel fees when a party engages in bad faith litigation, and more.

>> Custody.

How to set, change, enforce, and terminate custody orders. Also includes discussion of constitutional issues, international abduction, moving with the child, custody on death of a parent, and grandparent visitation.

>> Child Support.

How to set, change, enforce, and terminate child support orders. Also includes discussion of the Child Support Guidelines, emancipation, and contribution to college costs.

>> Alimony.

How to set, change, enforce, and terminate alimony orders. Also includes discussion of cohabitation and retirement.

>> Dividing Property.

Explains the three-part process of equitable distribution in the State of New Jersey.

>> Clerical Errors.

Correction of a clerical error can occur at any time and does not necessarily require a motion. Clerical errors include, for example, simple mathematical mistakes. Candidly, it is often more difficult than you might imagine to differentiate between a clerical error and a substantive error.

>> Motion for Reconsideration.

A motion for reconsideration asks the Court to take a second look and, of course, to reconsider its decision. It is filed with the judge that heard the original application, and therefore you will need to convince him or her that he or she was wrong (which is often a difficult task).

>> Motion to Modify on Change in Circumstances.

A motion to modify a final court order must be based on “changed circumstances.” The Court will evaluate your request by looking at the circumstances that existed when the order was entered and comparing them with present-day circumstances. Such motions apply only to custody, child support, and alimony orders.

>> Motion to Vacate.

A motion to vacate asks the Court to set aside a previous order under Court Rule 4:50. The rules regarding when the Court will set aside a prior order are strict. Further, different filing deadlines apply depending on the reason for which you are seeking relief.

>> Filing an Appeal.

An appeal is filed with the Appellate Division, and that means it will be heard by a panel of three judges who sit higher up than the judge who heard the original application. Judges of the Appellate Division have the authority to overrule the lower court.

>> How to File a Motion.

A step-by-step walkthrough of every Court Rule relevant to filing a motion for relief from the Court.

>> Enforcing Court Orders.

The law governing how to enforce a Court Order, including the available remedies (monetary sanctions, incarceration, etc.) to compel compliance and to obtain reimbursement of counsel fees and costs incurred.

>> Emergent Relief (Order to Show Cause).

The process and law governing requests for emergent relief from the Family Part of the Superior Court. Sometimes, you simply cannot wait for a motion to be heard. In a true emergency, there is a path forward. But while relief is available on short notice, it is much more difficult to obtain.

>> Domestic Violence & Restraining Orders.

Under the Prevention of Domestic Violence Act, the Court has the authority to issue Temporary and Final Restraining Orders to protect victims of domestic violence from immediate danger or to prevent further abuse. Learn about what constitutes domestic violence and the process of obtaining a restraining order in New Jersey.

>> Enforceability of Settlement Agreements.

Wonder whether your agreement is enforceable? Here is the place to find out. The Guide address enforcement of settlements and the strong public policy in the State of New Jersey regarding the stability and enforceability of negotiated resolutions to divorce and family proceedings.

>> Prenuptial Agreements.

The Guide discusses prenuptial agreements, including which law will apply depending on the signing date, what you can agree to, what you can’t agree to, and the circumstances in which a prenuptial agreement will be deemed unenforceable.

>> Name Changes.

Want to change your last name? How about your child’s last name? The Guide covers the law governing how the Court will treat your name change request in the divorce context.

>> Additional Resources.

A wide-ranging compilation of free and paid resources available on the internet for further research.

We have answers.

Consultations are completely free. You shouldn’t be charged while we get to know each other. During our first meeting, we’ll explore the facts, explain the law, and address the likely timeline, costs, and range of potential outcomes. When you walk out of this office, you will be armed with the legal and practical knowledge to make informed decisions related to your divorce.

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