Call our offices in East Brunswick or Fort Lee at 732-390-0480 or 201-242-1119 for a free consultation for your divorce or family law issue.
Green & Associates, LLC Blog
At Green & Associates we assist our clients with all matters regarding family law including uncontested or contested divorces. Often with amicable divorces where the parties have come to an agreement on much of the terms or will in the first three to four months of a divorce, a property settlement agreement may be drafted and an uncontested divorce for a flat fee may be considered. If the parties are likely to litigate their case because they are not amicable or because they cannot agree on the terms of the divorce, generally the courts will require the parties begin the process of discovery and other processes that lead towards a trial. The parties may settle their case at any time during the process and a divorce may be finalized with the property settlement agreement.
Divorce Mediation may be considered by parties that are relatively amicable and wish to try an alternative to a litigated divorce. They may not wish to pay the expensive litigation costs of a divorce that is fought out in the court system and seek a method for divorce that will not cost them a lot of money and will not cause them undue or unnecessary fighting and conflict. Generally, after a mediation an MOU or Memorandum of Understanding is drafted by the mediator and serves as the framework for the terms of any divorce. However, the mediator as an objective party may not file the divorce for the parties and the MOU must still be converted into a legally enforceable document generally known as the Property Settlement Agreement or Matrimonial Settlement Agreement. The MOU is only an agreement to agree. At Green & Associates, we often put through divorces that have been mediated and draft the PSA or MSA for the parties.
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.
When thinking about filing a motion for college tuition or expenses there a number of issues the parties should consider.
If you are seeking support for college and tuition postjudgment of a divorce, consider what the relationship of the parties are with the children at issue. Generally, it is important that the children still have a relationship with the parent from whom support for college is sought. If there is not a relationship or not a good relationship, that issue will have to be dealt with in any motion to determine the cause of the breakdown in the relationship of the child with the party from whom college support is sought. If that party chose to sever the relationship, they are more likely to be found to have to pay support for college and tuition. However, if the child chose to sever the relationship, it may impact the decision of the court regarding compelling the payment of support for college tuition and expenses.
Green & Associates, Divorce Law Firm in East Brunswick and Fort Lee for all Family Law Matters, Including Postjudgment Divorce Motions
At Green & Associates we handle all forms of family law matters, including uncontested divorces, contested divorces, annulments, and postjudgment motions that may involve modifications of custody, child support, alimony or college tuition and expenses. If you are looking for an annulment or uncontested divorce, a free consult with Green & Associates may also help you. We offer flat fees, please call our office to set up a free consultation at 732-390-0480 or 201-242-1119 ,
With the most recent change in the statute for alimony in New Jersey, the landscape of modifications for alimony and future awards of alimony have changed. It may be beneficial for you to have a free consultation with Green & Associates to discuss your status at this time.
New Alimony Statute in New Jersey Establishes Durational Limits and Enumerates Factors for Modification and Termination of Alimony, Establishes "Open Durational" Alimony, Eliminates Permanent Alimony
New Jersey has just passed a statute amending how alimony and maintenance will be adjudicated in the courts going forward. It is one of the most significant pieces of legislation to affect divorce in the State of New Jersey in a very long time. NJSA 2A:34-23 establishes durational limits and enumerates factors for modification and termination of alimony, and establishes "open durational" almony, eliminating what had been called "permanent alimony."
At Green & Associates, if you wish to modify or terminate alimony, this statute may affect you greatly. Please contact us at Green & Associates to help you with your alimony concerns, we have substantial experience in filing motions to modify or terminate alimony.
Call us at 732-390-0480 or 201-242-1119 for a free consultation on your motion for modification or termination of alimony.
Motions for Divorce and Family Law - Modification of Alimony and Child Support, Emancipation, College Tuition and Expenses, Relocation, Change of Custody
Green & Associates can help you with your motions for post-judgment modifications of child support and modification of alimony or motions for relocation, change of custody, emancipation, college tuition and expenses. Call us at 732-390-0480 or 201-242-1119. We have helped numerous clients modify the terms of their 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.
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 their 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.
Green & Associates has been fighting for its clients in contested divorces over the many hundreds of cases where it has served clients in difficult, contested divorces. Michael S. Green knows what takes to be in the trenches in the courtroom and have to fight for his clients' rights. Whether the issue is custody, relocation, alimony or other support, Mr. Green knows what it takes to argue for his clients whoever his adversary is in court. Mr. Green has successfully litigated against many of the most experienced and highly skilled divorce attorneys in the State of New Jersey and he can do that for you as well.
Whatever your needs are in a contested, difficult divorce proceeding, Mr. Green can assist you. Call us now at 732-390-0480 or 201-242-1119, so we can help you!