Blog Posts in September, 2015

Custody Terminology 101

Custody is one of the most misunderstood legal concepts. When a client calls our office, we typically hear something about sole or full custody. Thanks to the internet and TV shows, custody terms are usually used incorrectly. We will try to give you the knowledge you need to speak about custody. In New Jersey, there are two types of custody : legal and residential custody. When you talk about ...

I Think My Spouse's Divorce Attorney Is The Problem...What Can I Do?

Divorce is hard. Finding the right divorce attorney for you is equally hard. However, there are two things you cannot control in your divorce : the judge assigned to your case and the divorce attorney your spouse retains. Is there anything you can do about the things you cannot control? When it comes to the judge assigned to your case, your divorce attorney will likely be able to tell you ...

I Got A Temporary Restraining Order....What Now?

Part 2 Of Our Domestic Violence Series This blog is intended to explain what the Plaintiff (the one who got the Temporary Restraining Order) needs to do at the final hearing. However, if you are a Defendant, you will find this information helpful as well. So you got your Temporary Restraining Order, also called a TRO. Now what? Just by virtue of its name, it’s not permanent. It is only temporary ...

Oral Argument On A Motion: What Does It Mean?

You have a motion or cross motion before the court. Your attorney calls you to let you know that the court is scheduling the motion for oral argument. Anytime you have to go to court can be stressful, but what does oral argument on a motion actually mean? We find that clients are very confused about oral argument. It is likely the only time that a judge in a divorce or family law case will ...

Trying To Settle A Divorce Pre-Complaint Can't Be Dangerous, Can It?

We always recommend that people try to settle a divorce before filing a complaint. The most important reason we give for this approach is that filing a complaint for divorce puts your life into the court system. You are required to file various documents and attend court appearances. Often, when you settle a divorce before going into the court system, you save a great deal of money, time and ...

A Ham Sandwich Can Get A Temporary Restraining Order

Domestic Violence Series — Part I You may have heard the expression that a grand jury could indict a ham sandwich. Well, it is not a great leap to say the same about a temporary restraining order. It’s just not that hard to get one. This series will give you some general information about the process of obtaining a Restraining Order beginning with the Temporary Restraining Order (TRO) and the ...

How Much Does A Divorce Cost In New Jersey?

The most popular question we are asked on an initial consultation is: how much is does divorce cost in New Jersey? That seems like such a simple question, but the answer is anything but simple. The divorce cost in New Jersey can range from a couple hundred dollars to a hundred thousand dollars. You can imagine that potential clients do not like to hear that sort of range. The truth is that the ...

Top Ten Things You Can Do To Get A Fast Divorce

Ever wonder how to speed up the divorce process? Here are the Top 10 things you can do to get a fast divorce: File a complaint – Sometimes it is preferable not to file a complaint right away with the intention of ironing out the terms of a settlement agreement before the court has to get involved. However, if your spouse is dragging his or her feet and won’t play along, you have no choice but to ...

Beware Of An Oral Divorce Agreement

Often, parties and their divorce attorneys are at the courthouse for a mandatory court appearance, such as the Early Settlement Panel or an intensive settlement conference with a judge, and an agreement is reached. Many attorneys, and judges, are tempted to place the agreement on the record, meaning that they may read the terms of the agreement in open court. Many litigants see this as wonderful ...