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 byNew 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.
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.”
In New Jersey, pursuant to Painter v. Painter, the Supreme Court of New Jersey explained that the period of acquisition for property eligible for equitable distribution terminates upon the date the complaint for divorce is filed. Therefore, the lawyers at my divorce law firm understand that the “filing” of the Complaint of Divorce in the Family Part of the Superior Court of New Jersey is very important, even though the divorce has not yet been concluded.
In New Jersey divorce cases, motion practice is an essential facet of the litigation. As a trial attorney, motions can achieve different goals. First, a motion maybe filed during the case (i.e., pendente lite) in order to seek certain relief from the family court. Examples include, but are not limited to, temporary financial support, temporary custody of a child, or a demand for financial documents that one spouse refuses to disclose.
As a practicing New Jersey divorce attorney, I deal with divorcing couples on a daily basis and the majority of those cases involve children. When a divorce case involves a child, it will inevitably also involve the issue of college and the allocation of responsibility for the costs associated with same. Unfortunately, some relationships between a parent and a child break down to the point where one party may not be in the loop as to the college selection process or the costs associated with the child attendance at a particular school. Often, this leads to a lawyer’s involvement, even when the divorce has been finalized years ago at a New Jersey Family Court. What is a parent’s obligation to contribute towards college in such a situation? Does the child have to take out loans, etc. to help subsidize these costs?
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.
Yes. In New Jersey a spouse who seeks to have their lawyer move forward with a divorce that had been previously dismissed by the Family Part, Superior Court of New Jersey, must meet certain requirements (i.e., exceptional circumstances) in order to have the Complaint for Divorce reinstated. Below is a case in which the attorney was successful in reinstating the divorce because, along with others reasons, the judge determined that the parties’ were sincere in their mutual attempt to recently reconcile.
The initial way that an affair (or as divorce lawyers refer to as adultery) can affect a marriage is when a spouse decides to file a Complaint for Divorce in the Family Part of the Superior Court of New Jersey. New Jersey is a no-fault state that means that you are entitled to seek a divorce under Irreconcilable differences rather than requiring that you prove that your spouse is at “fault.” The attorneys at our East Brunswick, New Jersey law firm are well versed at helping those who have been betrayed.
As a divorce attorney I am well aware that, generally speaking, the equal distribution of property is divided based on each party’s contributions to the marriage. In Theime v. Aucoin-Thieme, wife Bernice appealed an August 4, 2014 divorce court order that awarded her limited equitable distribution from her ex-husband, Michael’s, deferred compensation and the denial of attorney’s fees. The New Jersey Appellate Division affirmed the Family Part order. Following is this lawyer’s analysis.
A vast majority of divorces here in New Jersey involve equitable distribution of the former marital home. Often, either the husband or wife would like to retain the home and “buy-out” the other party. Both attorneys shall then engage a New Jersey real estate appraiser to determine a fair market value for the home. At this point, the lawyer for the spouse who is being “bought out” is concerned that their client’s name be removed from the mortgage. This protects their credit score and also enhances their ability to obtain a new mortgage so that they may buy their own new home. Furthermore, this is typically the way that this spouse receives their fair share of the equity in the home. Meanwhile, the other attorney needs a copy of a new “draft” deed to present to the bank in order to effectuate the refinance process. Ultimately, both lawyers shall coordinate things so the one spouse finalizes the refinance while the other ensures that their client receives confirmation that their name has been effectively removed from the mortgage and receives their money.