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Equitable Distribution of Real Estate in a New Jersey Divorce

Oct 26, 2016 @ 09:00 AM — by Michael Green

If you are not married, and therefore, not getting a divorce, yet you live together in a house that where you have been paying the mortgage and taxes, as your partner’s parents own the property, you may be considered just a renter when it comes time for your relationship to end.  You must be aware of your property rights in your relationship.  If you are married and the house you are living in with your spouse was purchased before the marriage, again, you have to be aware of your rights in a marriage as to real property and what may be equitable distribution of that property in the future if in fact you have a New Jersey divorce. 

 

 

 

A NJ Divorce Trial on Equitable Distribution of a Marital Residence

Oct 14, 2016 @ 08:00 AM — by Michael Green

A NJ Divorce Trial on Equitable Distribution of a Marital Residence.  In the instance where parties have been separated for many years and one party has stayed in the marital residence and the marital residence was purchased during the marriage, a party may try to assert that the marital residence should not be distributed equally.  However, the party residing in that residence during the period of separation derived a benefit from staying in that residence.  If the residence also has with it a commercial space, such as a building with a lower level that may be used commercially and the upper level is a residence, then that party also has derived a benefit from using the space for both commercial and residential purposes.  If the contract of sale and the deed were in the name of the party that left the residence, it is inarguable that the property was a marital property and under New Jersey law should be equitably distributed by a New Jersey Family Court.  

Can You Still Live in the Same House After A Divorce

Dec 15, 2015 @ 08:46 AM — by Michael Green

Yes and no.  There is nothing in the law that would prohibit it, its more about whether that is such a good idea.  Parties might have unreal expectations as to what the other party has in mind or what might happen that is not anticipated e.g. the other party meeting another person.  Tensions can arise if the parties are now seeing other people or if financial matters kept them together and are still a problem going forward after the divorce.  For some couples, living together after divorce is not difficult at all and they prefer it for a variety of reasons.  Many wish to continue to co-parent and its the easiest way to do it.  Others are just looking to save money after the divorce and reside in the house together for as long as possible or until their children are out of the house.  It can work but parties have to be mindful of who they are and realistic in their expectations of each other going forward. 

Divorce and a Motion for Publication for Substituted Service and Alternative Notice

Dec 8, 2015 @ 01:51 PM — by Michael Green

There are times where a party may not know where the other party is located, they only have their last known address and they are not able to serve them at that location.  In such an instance, a motion for publication may be filed with the court and substituted service may be accomplished where a notice of the divorce is published in a newspaper in the location where the other party last resided.  In these instances, service upon completion by publication may be accomplished to satisfy the court, and the divorce may proceed without the other party being directly served.  The court may also wish to have affidavits of due diligence and other inquiries made of the post office, the military, family members etc.  

Divorce and Case Management Conferences - What Are They

Dec 1, 2015 @ 11:31 AM — by Michael Green

In divorce, the court will schedule case management conferences at various times.  There is generally a first case management conference after several months after the filing of a complaint for divorce and an answer has been filed with the Court.  At the CMC, the Court will schedule out the events of the case that are to take place, such as the discovery in a case, when parties are to exchange documents in order to try and settle the case.  Parties have to determine through discovery what their assets, debts and liabilities are and how they will be distributed.  It is hoped that after discovery the parties have an opportunity to settle the case.

Divorce and Mediation v. an Uncontested Divorce

Oct 29, 2015 @ 06:24 PM — by Michael Green

We are often asked about when a couple should seek divorce mediation as opposed to an uncontested divorce. Many married parties wish to remain amicable durin their divorce and are seeking the best process to keep them amicable while they determine the terms of their divorce. Some parties do not wish to even file their complaint for divorce until they know the terms of their divorce in an effort to avoid a litigated divorce.

If parties are amicable but are having a problem determining the terms of their divorce, divorce mediation may be a choice.

Alternatively, if the parties essentially agree upon all the terms of their divorce, these parties may seek to have an uncontested divorce where the attorneys they hire seek to settle the case and not litigate the case. 

Uncontested Divorce and Mediation - When They May Work For You

Oct 16, 2015 @ 01:25 PM — by Michael Green

An uncontested divorce may proceed with or without divorce mediation.  Generally, if the parties are amicable and are undecided on the terms of their divorce, divorce mediation may be a choice that they wish to pursue prior to retaining an attorney to file and put through their uncontested divorce.  If, however, the parties are generally in agreement on their terms of divorce, then mediation may not be necessary prior to retaining a divorce lawyer or divorce attorney.  

Either way, Green & Associates is here to help you through the process of a divorce, please call us at 732-390-0480 or 201-242-1119 for a free consultation for your divorce.  We see clients on nights and weekends in our East Brunswick and Fort Lee offices as well.

After a Divorce and Living in the Marital Residence Together Postjudgment

Oct 1, 2015 @ 11:03 AM — by Michael Green

There are times in a divorce where the parties for a variety of reasons choose to continue to live in the marital residence together after a divorce.  Terms for a situation such as this may be covered in any Property or Matrimonial Settlement Agreement.  Carrying costs for the marital residence that includes payments for any mortgage, home equity line, property taxes and utlities will have to be apportioned and paid by the parties during this time.  Sometimes, in lieu of alimony, payments are made by the spouse having a future obligation to pay alimony.  Often, child support and alimony are held in abeyance until the parties are no longer living together.  If you have a complicated divorce with issues of continued residence in the marital home with your ex-spouse, 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.

Divorce and Selling Your Home - Home Inspection, Listing Price, Real Estate Agent

Sep 29, 2015 @ 09:49 AM — by Michael Green

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.

Divorce - The Final Hearing and the Final Judgment of Divorce

Sep 25, 2015 @ 08:03 AM — by Michael Green

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.