Motion practice in divorce occurs when a matter is contested and must be litigated through the courts, requiring a court to order relief for the parties. Generally, the motion calendar with the courts is on a 24 day motion cycle, meaning that parties file a motion, an opposition is then filed, and then a reply is filed. Thereafter, the court hears the motion on the return date and may rule on it on the papers alone or require oral argument or require a plenary hearing, where testimony is taken, in order to decide the motion. A motion on short notice may be filed when there is good cause for the motion to be heard sooner than may be allowed on the regular motion cycle. If you have a matter in a divorce or family law matter that may require motion practice with the court, please call Green & Associates, at 732-390-0480 in our East Brunswick office or at 201-242-1119 in our Fort Lee office for a free consultation. Night appointments are available.
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Often in a divorce, the parties choose to sell the marital residence. Generally, the parties agree upon a real estate agent and the reasonable recommendations of that agent as to listing price, reductions in listing price and sales price are to be followed if the parties are not in agreement. If both parties are on the deed, they must both sign the contract for sale of the marital residence with the real estate agent. If one party is not cooperative, a party may obtain power of attorney from the court to sign the contract for sale for that party. After a buyer signs the contract for sale and after attorney review by the real estate attorneys, generally, the house is inspected. If you have questions regarding the sale of your marital residence in a divorce setting, please call Green & Associates at 732-390-0480 in our East Brunswick office or at 201-242-1119 in our Fort Lee office for a free consultation. Night appointments are available.
A divorce may be categorized as uncontested or contested. An uncontested divorce is essentially a divorce where the parties have agreed upon the terms of their divorce, that may occur early on in the process or later in the process after the case has litigated as a contested matter for some time. If you can agree upon your terms of divorce early on, an uncontested divorce may be put through with the court within three to four months of the filing of the complaint. If only one party is pursuing the divorce and the other party is not putting in an appearance or answer, then the case may proceed as a default divorce. If you have an uncontested divorce where you have agreed upon terms, our office may offer you a flat fee for specific services necessary to put through the divorce, call Green & Associates at 732-390-0480 in our East Brunswick office or at 201-242-1119 in our Fort Lee office for a free consultation. Night appointments are available.
The Final Hearing of Divorce is where the parties are actually divorced by the Judge in Court. Generally, there is a two or three page Judgment of Divorce which states that the parties have met the elements of the cause of action for divorce, whether it be irreconcilable differences or extreme cruelty or adultery, and that jurisdiction of the court is proper as a party has lived in the State of New Jersey at least one year, and therefore the Court will dissolve the marriage. If a Property Settlement Agreement has been signed by the parties, then that is incorporated into the Final Judgment of Divorce, and all its terms are enforceable. If you have a question regarding your divorce, 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.
If the parties are unable to settle after the initial papers are filed such as the complaint and answer, case information statements, and after discovery is exchanged and finally, after Early Settlement Panel, where they meet with two attorneys in an attempt to settle their case, they are court ordered to Economic Mediation. It is here where the parties pay another attorney to mediate their case solely on the economic terms. If they cannot agree to settle at economic mediation, then the parties must move forward towards trial. At economic mediation, the parties propose their economic settlement terms, which include equitable distribution of retirement assets, the marital home, issues of alimony or spousal support and child support. Call Green & Associates for a free consultation now to discuss your case at 732-390-0480 at our East Brunswick office or 201-242-1119 in our Fort Lee office. Night appointments are available.
Parties with multiple cars that may have loans or leases, must ultimately decide who is to take which car and how the loans or leases are to be paid going forward. Registration and title of the cars may have to be transferred as well in order for the cars to be properly insured. If parties are no longer living together, generally, their cars must be maintained on separate policies. As to loans, generally, the loans will have to be paid off by the party taking the car, and they may have to indemnify the other party for the loan if the loan is to remain in the other party's name. As to leases, generally, the same is done but the individual using the car no longer has the car at the end of the term. If you have a question regarding the division of your assets in a divorce, call Green & Associates now 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 available.
Often in lieu of alimony, a lump sum payment is made to a party in a divorce. Present day values of what alimony paid out over time might be are made after an assessment is made of how much and the possible term of alimony. Generally, these payments are made as equitable distribution and not as support, an important distinction as otherwise, these lump sum payments could be taxable and greatly reduced in what they payout. In addition, parties may choose for outstanding personal loans to family or other debt to paid out in a lump sum. Generally, these payments are also not taxable. If you have questions regarding the tax status of a lump sum payment proposed in a divorce, please call Green & Associates, at 732-390-0480 in our East Brunswick office or at 201-242-1119 in our Fort Lee office. Night appointments are available. Ask us about our flat fees for specific services regarding an uncontested divorce or default divorce.
Motions for modification of alimony are generally subject to the terms of the Property or Matrimonial Settlement Agreement and the law in the State of New Jersey, including the New Jersey recently passed statute regarding alimony. Generally, if you are seeking to have alimony modified or terminated, in a case where there is cohabitation, upon showing proofs that satisfy your prima facie case, the Court would generally order that discovery be done to show whether support is being received or given by the other party. Thereafter, a plenary hearing is generally ordered so that the Court will hear testimony from the parties and review the evidence to make a determination. If you wish to go forward with a motion for modification of alimony, please call Green & Associates at 732-390-0480in our East Brunswick office or 201-242-1119 in our Fort Lee office for a free consultation. Night appointments are available.
Generally, if the parties have settled all of their issues through a Property or Matrimonial Settlement Agreement, then all that is left to do if have the divorce put through with the Courts. The parties are now uncontested as they have agreed upon all the terms of their divorce regarding equitable distribution, alimony, child support and child custody. If this is the case, the parties must now go on the record before the Court and state for the record that they understand the agreement and all of its terms, that they were not coerced in any manner into signing the agreement, that they wish to go forward with the terms of the agreement. If you wish to go forward with your divorce, call Green & Associates at 732-390-0480 at our East Brunswick office or at 201-242-1119 in our Fort Lee office for a free consultation. NIght appointments are available.
Parties to a divorce have to equitably distribute their personal property. That property may include an engagement ring, jewlery, furniture and other belongings. Generally, an engagement ring is considered a gift for the promise of marriage and if the parties are married, the engagement ring remains a gift to the Bride. Other jewelry, however, may be distributed as assets of the marriage, meaning the parties would distribute the jewelry equally between themselves, unless of course certain items are deemed to be gifts to one another. As to furniture, generally, the parties would also distribute that equitably, generally splitting the value of those items. If you have questions regarding equitable distribution of personal property, 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.