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Court Procedure

Recent Posts in Court Procedure Category

  • How does Divorce Arbitration Work?

    Going to court is not the only available method of resolving a family law dispute. If parties are not able to reach an agreement in a contested matter, they can also pursue mediation or arbitration of their case. While many people are somewhat familiar with the concept of mediation—where a neutral third-party attorney, the “mediator,” assesses the facts and circumstances of the matter and attempts ...
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  • Justice For All...even if you aren't married

    Many who are unfamiliar with the Court system are unaware of the large number of cases that are handled in New Jersey Family Courts on an ongoing basis. Divorce proceedings and disputes between litigants who are married and seeking divorced, or those already divorced are handled in the Matrimonial part if the Family Court. A large percentage of these cases fall under the “Non-Dissolution” ...
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  • Be careful what you put in a settlement agreement!

    As family law attorneys, we often stress to our clients the importance of well drafted marital settlement agreements. These documents are meant to be a final resolution of the issues arising out of a divorce, and are treated accordingly by the court when a party asks that they be reassessed or modified. An important principle that divorce clients always need to keep in mind is that a court will ...
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  • Finding Your Freedom with NJ Divorce Arbitration

    What is arbitration? Put simply, arbitration is the process where a non-judge makes a decision on issues in a divorce that the parties cannot settle. Rather than going through the court system, the parties let a non-judge make a binding decision to allow the divorce process to end. It is an effective and relatively inexpensive way to resolve divorce. It is increasingly common for divorce cases to ...
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  • Financial and Emotional Cost of Litigation

    In looking at the various solutions to a divorce or family law problem, litigation is chosen by many. This is the process by which you file something with the court and have a judge make various decisions. While litigation rarely ends up with a full divorce Trial, you are handing your divorce over to a judge to determine how it will work, what you must do and, in some cases, what you must pay or ...
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  • Different Ways to Get Divorced

    Is there one way to get divorced? Absolutely not. Most attorneys sell a “one size fits all” solution to anyone that needs to divorce their spouse. That is a serious disservice to the client. Divorce should be tailored to the specific needs of the client and their family. So, what are the paths you can take to get divorced? You can go the traditional litigation route and file a complaint for ...
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  • Surrogacy Agreements

    Growing your family is an exciting time. However, not all couples will go through the traditional pregnancy and birth process in order to bring a new baby home. There are many options for couples looking to add new family members, including adoption, in vitro fertilization, and surrogacy agreements. Gestational surrogacy is a process by which an embryo is created through in vitro fertilization and ...
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  • How Can a Cell Phone Be Used in My Divorce?

    Almost everyone today has a cell phone, and most of those are smart phones. We use our phones many times a day for sending email, taking pictures, making phone calls, checking social media, playing games, using GPS services, and a large variety of other reasons. To varying degrees, our phones can provide a startlingly accurate picture of how a person has spent his or her day. During family law ...
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  • Abandonment and Moving Out - Does Timing of Separation Matter?

    The end of a marriage can sometimes be an amicable split that gives the parties plenty of time to think over their new housing arrangements and contemplate how to handle their next steps. Unfortunately, this is not always the case, and one spouse may feel the need to move out as soon as possible in order to avoid an acrimonious home environment. In such a case, the person leaving the home needs to ...
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  • I Just Filed For Divorce - Now What Happens?

    The legal process is full of many crucial and detailed steps. Family law cases are no exception to this. After deciding to divorce, many divorce parties feel a strong sense of anxiety or chaos. Understanding the basic steps in the divorce process may help you to feel like you have taken back a measure of control and reduce your feelings of uncertainty. After you have filed the initial Complaint ...
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  • Changes to Records Available to Adopted Children

    Adoption is a wonderful way for families to expand and provide love and support to a child or children in need of a home. In the vast majority of states, adoption records are sealed. This means that adopted children are not able to obtain copies of their original birth certificates and discover the identity of their birth parents. In 2014, the governor signed a new bill changing New Jersey from a ...
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  • Who Should I Call to Testify? - Teachers, Babysitters, Doctors

    The vast majority of divorce and custody cases end in settlements. Mediation and arbitration allow divorce and custody parties to craft their own custody orders by working together. Unfortunately, this does not always work. Parties are not always able to come to an agreement about what is best for their children. In this situation, the parties will need to have a trial and present evidence to a ...
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  • Modifying an Out-of-State Custody Order

    When most people think about what is essential at the beginning of a divorce, custody, or other family law action, they think about property disputes or some type of marital wrong-doing. For lawyers, however, the first thing to be established is jurisdiction. Jurisdiction means that the court where you file actually has the ability to make a decision about the dispute. There are two types of ...
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  • Can I Force My Spouse to Settle?

    One of the major trends in the legal field is settling cases. The vast majority of cases now do not end in trial, but rather in a signed settlement agreement between the parties. The parties can use mediators, arbitrators, their own attorneys, or even just talk between themselves to come to an agreement on some or all of the issues in a case. Family law is no exception to this rule. Most divorces ...
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  • Arbitration and Shah v. Shah

    There are many options open to a couple who has decided to divorce. It is becoming more and more common now that the couple will ultimately settle some or all of the issues involved in their divorce through mediation or arbitration. Arbitration is a process through with the parties agree on a neutral third-party who will hear evidence from both sides and then make a determination. This decision is ...
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  • Imputing an Income for Child Support

    Divorce, child custody, and support disputes are frequently accompanied by a time of financial turmoil for one or both of the parties. Litigation is expensive, and rearranging your life such that you are now independently responsible for your own expenses without the help of your spouse or partner can mean a lot of changes. In cases involving child support or spousal support disputes, this can ...
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  • Appeal Versus Modification

    The final hearing is a destination that all parties involved in a family law case dream of reaching. The final hearing means the whole situation is finally at an end and the parties can obtain closure and move forward with their lives. But what happens when the final order does not end up going your way? There are ways to approach “losing” a family law case. The two primary ways to tackle the ...
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  • Sacklow v. Betts - Name Change for a Transgender Minor

    Parents make decisions every day on behalf of their children. What they will eat, what they will wear, where they will play, or where they will go to school. Few decisions have such a long-lasting impact as a child’s name. Children will carry their name with them throughout their life and in some ways, a name will define us. In some cases, that definition no longer fits. In a recent case, a New ...
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  • Cosco v. Cosco - Unenforceable Child Support Settlements

    Child custody and child support are often the central issues in divorce cases, as what is best for a child is more important to parents than any division of property or debts. Luckily, the vast majority of family law cases are settled before they reach a final hearing. This allows parents to carefully tailor their parenting plan and custody agreement to suit the precise needs of their family and ...
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  • Emergent Orders to Show Cause

    Divorce and family law cases often involve temporary motions and hearings. These temporary issues often arise after the initial filings but before the final trial. It allows the court to make decisions about how the parties will divide bills, how they will handle custody, or a variety of other possible issues on a temporary basis, i.e. until the final hearing can be held. In the vast majority of ...
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  • Domestic Violence and Cyber Harassment

    Domestic violence exists on an alarming scale, and it comes in many forms, including physical, psychological, financial, and a whole other range of acts. In recognition of the impact of domestic violence, New Jersey has enacted very specific laws to help protect the victims and provide harsh punishments for the abusers. In December 2016, another step was taken to help protect domestic violence ...
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  • E.S. v. H.A. - Self-Incrimination and Custody

    Custody orders can be quite complicated and involve lots of different types of conditions to visitation. These conditions can range from a parent only receiving visitation if he or she picks up the children from a certain location to a parent only receiving visitation after providing notice to only receiving visitation if he or she completes some sort of alcohol or drug treatment program. These ...
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  • What is the Proper Forum?

    Most people have heard of the concept of “jurisdiction.” Jurisdiction means that the court has the power to make decisions about the subject matter and the parties in a particular law suit. Fewer people are acquainted with the concept of “forum.” In the context of a divorce, the proper forum to bring a divorce will be the county where the parties reside. This sounds simple, but can actually become ...
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  • What Kind of Proof Do I Need for my Divorce?

    The majority of divorces now settle before the final hearing. This means that neither spouse will ever have the necessity of presenting witnesses or evidence to a judge. There are distinct advantages to this, as this means a quicker and typically cheaper conclusion to the parties’ divorce. Not all couples are able to come to an agreement, though, and will need to present proof at a final hearing ...
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  • Steps to Take if you Suspect Adultery

    It is an unfortunate reality that many relationships fail because of one or both partners being unfaithful. Adultery is hurtful, and there are few other actions which so often lead to the break down of a marriage so quickly once discovered. If you believe your partner is committing adultery, there are some basic steps you should consider taking. First, you need to try to understand the role ...
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