New Jersey Divorce That Is Amicable - A NJ Uncontested Divorce. If you and the other party are amicable about the terms of your divorce, then you may likely be able to have an uncontested divorce right up front in the process without litigation. All of your terms of divorce may be memorialized in a property settlement agreement or matrimonial settlement agreement and incorporated into the Final Judgment of Divorce in a New Jersey Family Court and you may save time and money by not having to litigate your case. In the New Jersey Family Court system, if you cannot agree early on to the terms of your divorce, you will become to the Court Rules that require you do formal discovery and then the processes of Early Settlement Panel, Economic Mediation, Intensive Settlement Conference with the Judge and finally, a trial.
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New Jersey Domestic Violence Final Restraining Order Hearings - The Two Prongs Of Silver. In order to have a Temporary Restraining Order ordered by the Court to become a Final Restraining Order, a plaintiff that filed the domestic violence complaint must first prove by a preponderance of the evidence that there was a predicate act and then show that the Final Restraining Order is necessary to protect the plaintiff from future domestic violence of the defendant. In the case, Silver v. Silver, 2006, this very issue was taken up. In most cases if a party proves a predicate act occurred it is likely they will also be able to show that a final restraining order is necessary as the initial or temporary restraining order when obtained considered if there was a predicate act and if a restraining order is necessary. However, it is at the final hearing that this issue must be ultimately decided by the Court.
New Jersey Divorce and the Mediation Process - the NJ Court Rules and New Jersey Case Law and How They Apply in a Mediation Setting
New Jersey Divorce and the Mediation Process - the NJ Court Rules and New Jersey Case Law and How They Apply in a Mediation Setting. Generally, there are several decision trees where the process of mediation occurs in a New Jersey Divorce, based on NJ Court Rules and the process of an NJ Divorce. First, parties may seek mediation in the beginning of a divorce, before they have even filed for their divorce through an independent mediator. Alternatively, after a divorce has been filed in New Jersey, parties are generally ordered to custody and parenting mediation early on in a case to try and settle those terms before the economic issues are dealt with. Subsequent to that, the parties are court ordered to economic mediation, where the parties hire a mediator, generally a lawyer appointed by the court, that mediates the case with their attorneys present.
Default Divorce in New Jersey - When Their Isn't a Spouse to Sign - Our NJ Divorce Lawyer and NJ Divorce Attorney Can Help You
Default Divorce in New Jersey - When Their Isn't a Spouse to Sign - Our NJ Divorce Lawyer and NJ Divorce Attorney Can Help You. Many people are under the impression that you cannot get divorced unless the other party signs something permitting it, that just isn't so. A default divorce in New Jersey may be obtained without the other party doing anything. In that process, a divorce complaint is filed and then served on the other party by a process server, the other party doesn't sign for service. After that, they have 35 days to answer the complaint. If they do not do so, you can request a default hearing with the Court. If there are no assets, debts or liabilities to distribute and no children, you do not need to have a Matrimonial Agreement signed, nor do you need to serve the other party with a Notice of Proposed Judgment of Divorce and your divorce will be put through at the NJ default hearing.
NJ Divorce and Equitable Distribution of Property. As part of most New Jersey divorces, the parties must equitably distribute their assets, debts and liabilities. Often this includes the marital residence, other real estate, retirement accounts such as 401ks, IRAs, pensions or annuities, jewlery, personal property, furniture, automobiles, life insurance, credit card debt, mortgage or home equity line debt etc. Equitable distribution does not mean equal distribution, rather it is what is considered to be fair. If parties cannot agree in a matrimonial settlement agreement how to distribute their property, then a court would ultimately decide at a trial. If you are considering a New Jersey divorce and are looking for a New Jersey divorce lawyer or New Jersey divorce attorney, call us at our East Brunswick or Fort Lee offices at 732-390-0480 or 201-242-1119 for a free consultation today!
New Jersey Divorce and Simple Divorce or Easy Divorce or Uncontested NJ Divorce and Flat Fees - What You Need to Know with a Free Consultation
New Jersey Divorce and Simple Divorce or Easy Divorce or Uncontested NJ Divorce and Flat Fees - What You Need to Know with a Free Consultation. In New Jersey, parties that are uncontested, meaning they have settled all their issues as regards child custody, child support, alimony or spousal support, and equitable distribution of assets and liabilities or debts, may pursue a relatively simple divorce or easy divorce through an early uncontested divorce or a default divorce. At Green & Associates, we may offer flat fees for your limited uncontested or default divorce for specific services. Call us now at our East Brunswick or Fort Lee offices at 732-390-0480 or 201-242-1119 for a free consultation regarding your uncontested or default divorce. Our NJ divorce lawyer and NJ divorce attorney will help you with your case.
NJ Divorce, Child Custody and Flight Risks with Children - Passports and Other Issues. There are times where children are the subject of custody battles and the parents may be from countries outside of the United States. In instances such as this, there may be concerns about the flight risk of one parent or the other when the children are in their custody. There are times when the children's passports are at issue concerning a parent's potential flight risk and whether or not the children's passports need to be place with an attorney or with the courts. This may be court ordered if necessary and a party may request such an order. Often after domestic violence restraining orders are filed with the New Jersey family courts, such an order may be made accompanying any domestic violence final restraining order, which would be issued at the hearing for a final restraining order in New Jersey.
New Jersey Divorce and Supervised Parenting Time When Dealing with Issues of Child Custody. There are times when supervised parenting time is necessary for a parent. Often this is related to substance abuse or domestic violence. There are services that will supervise visitation if an agreeable family member cannot be agreed upon by both parties but over the long term, these are costly. The NJ Courts generally will have supervised visitation at the New Jersey Courthouse on Saturdays in a NJ divorce setting. Outside agencies will have supervised visitation either at their location or allow for it elsewhere. Often, parties unfortunately try to manipulate the supervised visitation such that one party or the other is blamed for it not working out, via inconsistent attendance, failure of notification as to whether or not they can make the dates set up for visitation.
Recalculation of Child Support after Alimony is Terminated in a New Jersey Divorce. When the term of alimony ends after a divorce when the children are still unemancipated, child support generally continues and must be recalculated as the income for one of the parents has often dramatically been reduced. Often rehabilitative alimony is a component of alimony and that party may have attended school and retained a new job such that their income is dramatically increased since the divorce. In some NJ divorce cases, upon termination of alimony, the payor of the alimony may have had their income change dramatically, up or down. The children will be older, may be teenagers or in college and college tuition and expenses have to also be determined based on the matrimonial agreement of the parties and potentially their income at the time of the children attending college.
NJ Divorce and Domestic Violence and New Jersey Restraining Orders vs. New York Restraining Orders. Often during a divorce or postjudgment of a New Jersey divorce, parties may have issues with each other which may result in repetitive acts that are annoying to the point of alarm which would meet the standard for a claim of harassment or threats that may rise to the level of terroristic threats. If the other party does not stop the behavior after being made aware that their behavior is inappropriate, then a filing of a domestic violence complaint may be necessary and warranted. A Temporary Retraining Order may then be issued by the County Court and a Final Restraining Order hearing is then scheduled for a Judge to determine if the standard of the statutes has been met requiring a Final Restraining Order.