Divorce and FD Docket Proceedings for Child Support and Custody and Parenting Time with unmarried parties with children. There are some matters between parties that have to occur in front of a court officer for probation that is generally an attorney hired by the county to hear these matters. Generally, they can only order child support based on the existing status quo of parenting time between the parties and with the requisite proofs of income from the parties which generally includes three pay stubs or income taxes if you are self-employed. Custody and Parenting Time is then referred to mediation if the parties cannot agree. If the parties cannot agree in mediation, then the case is referred to be heard by a Judge in court. You can bring a divorce attorney or divorce lawyer or family lawyer or family attorney with you to the Court if you so choose.
Green & Associates, LLC Blog
Last Minute Changes to a Property or Matrimonial Settlement Agreement by Divorce Lawyers in Family Law Cases - The Process
It is not at all unusual for parties to make last minute changes to their Property or Matrimonial Settlement Agreement. Generally, upon the parties agreeing upon all the terms of their divorce in the form of an agreement, the parties' divorce attorneys or divorce lawyers or family lawyers will contact the court to schedule the put through of an uncontested divorce. However, between that time and arriving at court, and sometimes upon arrival at court, the parties may have decided to change the agreement. Provided they have not yet signed off on the agreement, one party or the other may wish to write into the agreement a change. At the uncontested hearing, both parties will receive a copy of the fully executed agreement and a copy of the Final Judgment of Divorce which has been entered by the Court. In New Jersey, the parties receive a gold seal on their Judgment of Divorce with the signature of the court.
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.
If you are getting divorced and there have been temporary or final restraining orders filed, there are things you need to know. Domestic violence may impact a divorce in many ways, including the proceedings that are allowed. At Green & Associates, as divorce lawyers and family lawyers, we have dealt with many divorces that have a Temporary or Final Restraining order filed, please call us for a free consultation regarding this very important issue at our East Brunswick office at 732-390-0480 or our Fort Lee office at 201-242-1119.
If you are seeking a divorce, one of the issues that will likely come up if you have children is how you are going to pay for college. In New Jersey, based on current case law, Newburg v. Arrigio, the parties may have an obligation to pay for college after the child looks towards all loans and grants that are available. Generally, the amount each party will pay will be proportional to their income at the time the child attends college. Also, generally, the parties may limit their obligation to paying for the costs of state school tuition and expenses. If you have a child that will be attending college and you wish to find out your rights in a divorce regarding college tuition and expenses, call Green & Associates, divorce and family lawyers, for a free consultation at our East Brunswick office at 732-390-0480 or our Fort Lee office at 201-242-1119.
If you are seeking to relocate out of the State of New Jersey with a child that is a product of a divorce or a relationship, you will likely need to file a motion with the Court seeking an Order that permits you to relocate. If your ex-spouse or ex-partner does not consent to the relocation, in the State of New Jersey, relocation is not permissible without a Court Order. At Green & Associates, your New Jersey Family Law Office, we can file the motion and litigate the issue for you. Call us at 732-390-0480 or 201-242-1119 for a free consultation.
When seeking a modification of child custody there are a number of issues to consider. If the parties cannot agree on a change of custody, a motion with the court must be filed and very often a best interests analysis must be obtained. The court will often order a plenary hearing, a mini-trial where evidence is presented and testimony is taken of the parties, witnesses and experts.
The court may wish to rely on an expert that is a joint expert or each party may obtain their own expert to render a report and testify as to what is in the best interests of the children as regards custody by the parties.
Custody today is generally an issue between one parent being the parent of primary custody or the parents sharing physical custody. Often it is helpful to look at two weeks and 14 overnights to determine how much parenting time each parent will have. If both parties have 7 overnights per two weeks, that is essentially shared physical custody.