Tentative Decisions for PostJudgment Motions in a NJ Divorce. Often in postjudgment motions, the New Jersey Family Court Judges may issue a tentative order. This is an order where the Court is giving notice to the parties of its likely final decision. The parties have a right to ask for oral argument as to paragraphs of the order that they object to or they may waive their right to oral argument as to the tentative decision, essentially telling the Court that they have no objection to the terms of the Order as written in the Tentative Order. If a party objects to a term of the tentative order, they have to tell the court in writing what terms they object to and why. Ultimately, the Court may then order the parties to oral argument over the issues that are objectionable to one party or the other. If both parties find no terms objectionable, then the Court will enter the Tentative Order as written without any changes.
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NJ Divorce and NJ Family Law Cases and Ordering Transcripts of Trials. If you have had a trial in New Jersey family court, whether that is a trial for a New Jersey divorce, a plenary hearing for a motion for modification of child support or alimony, or a motion for relocation or change of custody of a child, or for a domestic violence trial, if you decide to appeal that matter or file a motion for reconsideration, you will likely need to order a transcript of that proceeding. In addition, if a decision was made by a Judge on a motion in New Jersey family law court, there should have been placed on the record the findings of fact and conclusions of law that the Judge relied on to make their decision, those may not be in the Order of the Court, and you may need to order a transcript of that as well, so you know what arguments to make on any motion for reconsideration or appeal of the order.
In today's courts, many of them order a plenary hearing in dealing with issues regarding a change of custody and modification of alimony. If there is a prima facie case that shows there is a basis for ruling that there has been a substantial change in custody than the court may order a plenary hearing. A plenary hearing is essentially a mini-trial where the parties give testimony and offer evidence into the court. If you have a plenary hearing ordered by the court and you need an experienced divorce attorney for representation in a divorce, call us at 732-390-0480 or 201-242-1119 for a free consultation in our Fort Lee or East Brunswick offices. We offer night appointments as well with our NJ divorce attorney and NJ divorce lawyer for your New Jersey divorce.
Motion Practice Postjudgment of Divorce and Modifications of Child Support and Alimony and Motions for Relocation and Divorce
Green & Associates can help you with your motions for post-judgment modifications of child support and modification of alimony or motions for relocation. We have helped numerous clients modify the terms of the Property Settlement Agreements and Matrimonial Settlement Agreements.
We have a wide range of experience in filing motions to modify child support and modify alimony terms. In addition, if you wish to file a motion for relocation, Green & Associates can help you.
Relocation often involves a motion to the court that may then require a plenary hearing, a hearing where testimony is given by the parties and witnesses as regards a showing of good cause for the relocation. Proofs of good cause that may include future employment, location of family or better educational opportunities for the children at issue may be necessary for the motion for relocation.
Modification of Alimony or Termination of Alimony and Cohabitation - Motion for Modification of Alimony
Modification of Alimony or termination of alimony when there is cohabitation requires a two step process. First, the party paying the alimony must prove that there is cohabitation. Upon a prima facie showing of cohabitation, the other party then has the burden to show that they are not receiving or giving support to the unrelated person that they are cohabitating with.