The surprising answer is no. At almost every step of the divorce litigation if the couple decides they want to try mediation, they can. Also, a couple in litigation can use mediation for certain issues. Let’s say the main conflict is over asset division, and that’s really why the couple is in court. They can […]
Legal Issues
What paperwork and documents should I bring when I meet my lawyer for the first time?
How should I dress for my day in court?
If one party strongly opposes the judge’s decision, can he or she appeal to have it changed?
If a party does not agree with the court’s final judgment, then within 45 days they can file a notice of appeal to have the matter heard in whole or just in that one part by the appeals division. This is a process that takes some time – and during that process, that provision cannot […]
What happens if one ex-spouse discovers the other lied about or hid assets during divorce?
Where there is evidence of fraud or misconduct by a spouse in failing to disclose the true worth of his or her assets, relief such as vacating a judgment or order may be granted under New Jersey Court Rule 4:50-1(f) if the motion is made within a reasonable time. The moving party would need to […]
Is it possible to change any details of the agreement once a divorce has been finalized?
Parenting time, alimony, and child support are some of the items that are always potentially subject to modification subsequent to a divorce in New Jersey. There are certain legal standards that need to be satisfied before a court would modify; however, those would be the general categories that could be subject to modification post-judgment. Sonya […]
If one spouse discovers there has been a failure to file or amend documents, what can they do to correct these issues?
The compliant spouse may file a Motion to Enforce the Order, which requires the non-compliant spouse to file or amend documents. The non-compliant spouse will have the opportunity to respond to the Motion to Enforce the Order. The judge will rule on whether the non-compliant spouse is in violation of the litigant’s rights based on […]
If the court awarded primary custody to one parent, can the other parent apply to have the custody arrangement changed?
An award of custody is subject to modification upon a showing of a substantial change of circumstances. The moving party must demonstrate that, due to a substantial change of circumstances from the time that the current custody arrangement was established, the best interests of the child would be better served by a transfer in custody. […]
Can the Court change an order regarding division of property or debts after the divorce is final?
No, an order regarding division of property cannot be modified based on a substantial change in circumstances. Unless appealed, these orders are final. Michele E. D’Onofrio is a family law attorney practicing in Warren, New Jersey.
Can a recipient apply to have child or spousal support increased due to a negative change in circumstances?
It depends. Child support and alimony are treated differently by the courts. Alimony is unlikely to increase in terms of duration. It is critical that a party review their Marital Settlement Agreement as to the specific language utilized. Having an experienced and knowledgeable attorney in the divorce process will ensure that the language in the […]
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