Under New Jersey law this document can be of the utmost importance in a situation in which the parties resolve issues pertaining to their divorce during mediation. This results in your divorce mediator generating a Memorandum of Understanding (“MOU”) for each spouse to take to their own divorce attorney of their choosing in order to review the documents to ensure that a seasoned divorce lawyer explains all aspects of the MOU and whether or not it is a fair and equitable one. Upon moving forward your attorney shall then draft what becomes your official divorce decree (Matrimonial Settlement Agreement (as it is known here in New Jersey as an MSA). So what happens if the MOU is not consistent with the MSA?
It depends upon the case. The lawyers at our law firm appreciate that the first requirement that a judge of the Family Part, Superior Court of New Jersey is to determine is if whether the stock options were given for efforts before, during, or after the marriage. In making this determination, our attorneys help the divorce judge to identify the reasons for which the options were given. Furthermore, a judge of any New Jersey Family Court may consult the employee’s stock option plan, testimony from the employee, or testimony from an expert witness.
Yes. The lawyers at our law firm always advise our divorce clients to be sure to comply with all “discovery” requests made by the other divorce attorney in your case. Now ultimately as attorneys we shall determine whether or not you shall not have to comply with any and all discovery requests (and then your lawyer shall file a motion with a New Jersey Divorce Court to explain why we do not feel you are required). But absent one of our attorneys advising you otherwise, all discovery request must be complied with, ranging from Case Information Statements, bank records, the appraisal or sale of the former marital home as well as cooperation with experts such as a forensic accountant who is evaluating a business that is part of your divorce.
Even since the Rachel Channing case, in which a child sued her parent’s for private school tuition and college, the attorneys at my office have been busy fielding questions from our divorce clients regarding why they are legally compelled to pay for college whereas married people are not. So as I considered my next topic for my next New Jersey Divorce Lawyer Blog, I felt it would be appropriate to discuss the case that established the limited exceptions (in this case, college related expenses) from the general rule that parents are not responsible for their children after they reach the “age of maturity.”
Yes. First, if a judge of the Superior Court of New Jersey finds that both parties voluntarily entered into the consent order, the court shall uphold the order. Second, unless the attorneys in the case can provide new evidence that was accessible to both parties at the time that the that their client signed the consent order, then a motion to vacate the consent order will be denied by a New Jersey family court judge. In a recent New Jersey Appellate Division decision, the Court found that all financial documents that were available in the when the consent order was signed. Following is this lawyer’s take on the case.
As I New Jersey Divorce Attorney, I have been asked this question more times than I could possibly recall. However, the answer is almost always the same. First, I explain that procedurally we would have to file a post judgment motion to have the matter addressed by New Jersey Family Court. Then, I explain that before a court will grant a modification to a court order, or final judgment of divorce, the party seeking modification must establish a substantial change in circumstances that renders the enforceability of the original order, agreement, or judgment to be inequitable.