Often times there is a large disparity in income between the parties contemplating divorce. This inherently creates unequal footing for any prospective litigation. The party making little money may seem at a loss as to what their rights are and how to proceed with any divorce despite its necessity. The party with greater income may have gone so far as to stop paying bills, limiting credit cards and stopped paying for the mortgage, despite having monies to do so. In this type of scenario, the party with lesser income may file for divorce and seek pendente lite support, support pending the divorce litigation and may also seek that a litigation fund be made available to them from the party with greater income. If you find yourself in this situation, please call Green & Associates at 732-390-0480 in our East Brunswick office or 201-242-1119 in our Fort Lee office for a free consultation. Night appointments are available.
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In a divorce where there are assets such as real estate, businesses, jewelry or collections (such as coin collections) or other property, it may be necessary to have evaluations made by professionals in order to value the property. As to real estate, a professional real estate appraiser may have to do a real estate appraisal. As to businesses, both a forensic accountant and professional business appraiser may have to review the books, and bank statements of a business in order to determine the share of the other spouse in the business. Finally, collections, such as jewlery or coins or art would require a specific appraiser for that particular collection, to determine its value. If you have questions regarding equitable distribution of such assets and their valuation, please call Green & Associates at 732-390-0480 at our East Brunswick office or 201-242-1119 at our Fort Lee office for a free consultation. Night appointments are available.
There are times when a party to a divorce or after a divorce just won't follow the court orders. Typically they are passive-aggressive in how they view the litigation or the results of a trial. Often, they may litigate these motions after having representation on a "pro se" basis, meaning acting as their own attorney. If after multiple attempts to have a party pay for alimony or equitable distribution of assets for example, they choose not to pay. Sanctions may include daily monetary sanctions, revoking a party's driver's license or other professional licenses, and finally issuing a warrant for the individual's arrest. If you have to enforce a court order and want help, call us at Green & Associates at 732-390-0480 at our East Brunswick office or 201-242-1119 in our Fort Lee office for a free consultation, night appointments are available.
Postjudgment Divorce - Enforcement Motions for a Matrimonial Settlement Agreement or Property Settlement Agreement for Alimony, Child Support or Custody
Often after a divorce, one party or the other does not follow the agreement between the parties, the Matrimonial Settlement Agreement or Property Settlement Agreement. A term for alimony or child support or parenting time may not be followed. It is up to the other party, if the alimony had not been court ordered to be paid through the Probation Department, State Disbursement Unit, to file a motion to enforce litigant's rights, a motion requesting that the court order the party to pay up the arrears and/or to also have it paid through the Probation Department going forward. If you have a postjudgment motion issue to enforce the terms of your Matrimonial Settlement Agreement or Property Settlement Agreement, please call Green & Asssociates in our East Brunswick office at 732-390-0480 or in our Fort Lee office at 201-242-1119 for a free consultation. Night appointments are also available.
If a divorce is in progress and one party or the other has a substantial change in employment circumstance, it can make the process much more complicated and difficult. Normally, parties, where there is an issue regarding income for a party, may look back at the last three years of employment and what that party's income had been. However, if a party looses their job or is laid off, through no fault of their own, and the current job market makes the prospect of finding a similar job or job with similar income unlikely, calculations for alimony, child support and other issues become difficult. An employment expert may be necessary in order to more precisely determine what that parties income should be. If you are anticipating a divorce and have recently loss your job, please call Green & Associates at 732-390-0480 in our East Brunswick office or 201-242-1119 in our Fort Lee office to set up a free consultation. Night appointments are available.
At Green & Associates, we offer flat fees for default divorces, annulments and limited uncontested divorces. Call our office at 732-390-0480 in East Brunswick or 201-242-1119 in Fort Lee, to set up your free consultation regarding an uncontested divorce and ask us about our flat fees for a divorce. We have night appointments as well.
Flat fees may be offered for specific services in a divorce. A default divorce where there are no assets to be distributed i.e. no equitable distribution, no alimony or child support at issue may be obtained even if your spouse cannot be located or is not choosing to participate in the process through different avenues of service such as publication service. An annulment may likewise lend itself to a flat fee. Limited uncontested divorces where the parties are amicable and agreeable on the terms of the divorce may also lend themselves to a flat fee structure.
The Rules of the Court provide that pending a divorce the insurance, importantly medical insurance and automobile insurance, of the parties must be maintained. This is to prevent one of the parties from unilaterally terminating the insurance of another party. Often times, out of vindictiveness or an attempt to not pay for the other party's insurance a party may choose to terminate insurance. Most problematic is medical insurance, as often times, the person can not be reinstated on the policy until an enrollment period allows for it, causing a party to be uninsured. If a medical problem or automobile accident ensues during that period of lack of insurance, the party that terminated the insurance may be responsible for any costs as a result. If you have an insurance issue during divorce, please call us at Green & Associates at 732-390-0480 in our East Brunswick office or 201-242-1119 in our Fort Lee office.
It is often asked, who is to pay my counsel fees, during divorce litigation. In situations where there is a large disparity in income, generally the spouse making the most money may have an obligation to pay the counsel fees for the other party who makes less income.
Often in pendente lite motions, a litigation fund is requested for the party that is seeking support. In New Jersey, a litigation fund may be ordered so that both parties have an equal opportunity to litigate the case and to keep a level playing field.
In addition, if a party litigates in bad faith, a party may seek legal fees, which are often sought in a motion for other issues.
If you require legal representation in your divorce and do not have the funds to litigate your case, call us at Green & Associates at 732-390-0480 in our East Brunswick office, or 201-242-1119 in our Fort Lee office to set up a free consultation for your divorce.
Annulments generally are based on a fraud in the marriage. If a party believes they will live with the other party and the other party chooses never to live with them or have children with them, that may be a basis for fraud. If a party marries another simply for immigration purposes and that is revealed later, that may be a basis for fraud. If one party has a criminal past and has not revealed that to the other party, that too may be a basis for fraud. Annulments may be granted even after a year or two of marriage for these reasons. If a party has been married to another and the marriage is a bigamous marriage, that also will be a fraud that allows for an annulment. If you believe you have a basis for annulment, please call Green & Associates at our East Brunswick office at 732-390-0480 or our Fort Lee office at 201-242-1119 for a free consultation.
Unfortunately in divorce, child custody can become an issue. Too often, threats by either party may be that they are going to "take the kids away" from the other party. Generally, these threats have no basis in fact. Often, one need only look to the status quo to make a determination as to what is likely to happen in any custody battle. If during the status quo, the existing arrangement, the children are doing well, it will be harder to argue for a change change of custody . If you have an issue regarding child custody, please call Green & Associates, and have Michael Green, a divorce attorney, who is experienced in these matters review your case in a free consultation at our East Brunswick office at 732-390-0480 or Fort Lee at 201-242-1119.