In Gromek, the court held that a motion to reconsider pursuant to Rule 4:50-1 does not act as a substitute for an appeal, especially when it is not required in the interest of justice in the case, and there is no need for extraordinary relief. The lawyers at our East Brunswick, New Jersey, law firm embrace that when a party simply disagrees with a trial court decision, a motion for reconsideration pursuant to New Jersey Courts Rule 4:50-1 will not provide a remedy. The correct action is to have your attorney file an appeal in order to have the decision reviewed by New Jersey appellate court. [Read more…] about How Is A Motion to Reconsider Different Than An Appeal In A N.J. Divorce?
Divorce
If My Spouse And I Reconcile And Dismiss Our Divorce, May I Have It Reinstated?
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.
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How Does Adultery Affect My Divorce?
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.
If I Do Not Have A Lawyer Will A Judge Treat Me Differently?
No. The judge will typically advise a pro se (i.e., someone representing themselves in their own divorce action) litigant that they shall be expected to follow the Rules of Court in New Jersey just like as if they were a seasoned attorney. Furthermore, the lawyers at our law firm here in East Brunswick, New Jersey, appreciate that while a New Jersey Family Court may be more likely to been understanding of the fact that you are not a lawyer, the Court is not required to be more tolerant or more kind to you just because you are not an attorney. Finally, since 1996 I have been meeting with new clients who handled their own divorce and then come to our firm for a consultation only to find how extremely difficult it is to change a divorce agreement after the fact. As Benjamin Franklin once said, “an ounce of prevention is worth a pound of cure.” In other words and for purposes of this blog, it is easier (and less expensive) to do it correctly the first time than paying a lawyer after the fact to attempt to fix problems with your divorce agreement, some of which you may not even aware of, yet.
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When Is A Plenary Hearing Necessary in A New Jersey Family Court?
Plenary hearings (also known as trials) are held when there are contested issues of fact and credibility determinations need to be made in order to reach a fair and accurate decision. Here, after a judge of the Superior Court of New Jersey listens to arguments by both lawyers, they shall then entertain testimony by each attorney for each respective party in order to determine a range of facts ranging from facts to credibility of the witness. Next please find this New Jersey lawyer ‘s analysis of why a New Jersey Family Court denied the Wife’s motion to enforce the contested provisions, she appealed, stating that it was incorrect to deny her relief without holding a plenary hearing. [Read more…] about When Is A Plenary Hearing Necessary in A New Jersey Family Court?
If I Am Seeking Alimony In My New Jersey Divorce, What Questions Will I Be Asked?
New Jersey’s alimony statute provides both lawyers and judges a number of factors to consider in order to deduce a term and amount of alimony that is fair and equitable to both parties. These factors include, but are not limited to, the length of the marriage, each respective spouses age and health, how much income does each spouse have the ability to make, how long has a party been absent from the workplace, to name a few.
In a hotly contested divorce in which alimony is a looming issue, your attorney should investigate the “standard of living” that the parties’ enjoyed during the marriage. The goal here is to ensure that each spouse shall be able to sustain a somewhat similar standard of living. Furthermore, lawyers and family law judges strive to create an alimony situation that would prevent either spouse from having a “greater entitlement” to that standard of living than the other spouse.
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