FLAT FEES available for New Jersey Uncontested Divorce, Post judgment Motions, Including Motions to Modify Alimony and Motions for Relocation, other New Jersey Divorce Motions and Family Law Motions
April 14, 2023
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Our office services all of New Jersey, including the counties of Middlesex County, Bergen County, Somerset County, Monmouth County, Union County, Hudson County.
If you have any questions regarding your divorce or a divorce motion or post judgment motion call us for a free consultation regarding our flat fees for your divorce case.
We also offer flat fees for FD motions, which deals with non-married parties, regarding custody and parenting time.
If you are seeking to file a Motion to modify child support, alimony or other terms of your divorce, we can help you fight for your rights to enforce litigant’s rights with any prior Matrimonial Settlement Agreement, Property Settlement Agreement or prior Court Order.
Generally, motion practice entails filing an initial motion and a reply to the other side’s opposition and/or cross-motion. Motions generally require the submission of a Certification by the party and Exhibits, including prior court orders in your case.
Exhibits may include a prior Judgment of Divorce, Matrimonial Settlement Agreement and last court order in your case.
Exhibits for a Motion for Relocation or to oppose a Motion for Relocation may include proofs as to what is in the best interests of your child. These exhibits may include school rankings, counseling reports, communications between the parties, proofs of adequate housing for the child during parenting time, extracurricular activities available for the child, special needs of the child and available programs, IEPs.
At Green & Associates we work closely with our clients to draft their motion with their specific concerns.
A motion cycle for a divorce matter is generally 24 days, however, adjournments may extend that cycle to 6-8 weeks for a return date with the Court. Courts may hear the motion on the papers or in person for oral argument, where the parties attend. Zoom hearings may be available depending on the Court and the motion.
Motions to modify alimony or support and custody may require court ordered discovery and a plenary hearing, essentially a min-trial and hearing, where the parties will give testimony, present evidence and experts may testify.
An uncontested divorce is where the parties are not contesting the terms of their divorce. Green & Associates works with our clients to draft an agreement if necessary, so that the parties may request to put through their divorce before expensive litigation begins.
The Court will schedule and order events during a divorce if the parties do not settle early on including a case management conference, formal discovery requests, or the request of answers to interrogatories (questions) and the request for documents, generally financial, related to the divorce, Early Settlement Panel (ESP), Economic Mediation, Intensive Settlement Conference with the Court and a trial.
At a Case Management Conference, the Court orders a schedule for the rest of the litigation in the case. The Order generally includes discovery, filing of the Case Information Statement (a financial form of the parties’ income, expenses, assets and liabilities), appraisals of real estate or businesses or retirement accounts or pensions, experts for financial reports or custody reports, and a date for ESP.
Generally, after discovery, Early Settlement Panel occurs, where the parties present through their attorneys, their financial information to the panelists, which generally include two local divorce attorneys, and the parties then receive a recommendation of settlement for their case from the panel. These recommendations are confidential and generally not enforceable. It is an opportunity for the parties to hear from objective attorneys what they think a local Court will do with their case at a trial. It is an effort by the Courts to give the parties early on in their case information to settle their case before the continuation of more litigation.
After ESP, generally the parties are court ordered to Economic Mediation, if the parties have not yet settled. Generally, a local attorney is chosen for Economic Mediation, which generally must occur within 4-6 weeks of the ESP. Economic mediation includes a review of all of the parties’ financial information and their ESP Statement, or offer of settlement. Economic Mediation may take several hours and multiple days, depending on the case. But, it is often the parties last best chance to settle their case before the costly and time consuming litigation of a trial.
If the parties do not settle as a result of Economic Mediation, the parties are court ordered generally to attend in-person Intensive Settlement Conference with the Court. The parties may have to be in court for the entire day in an effort to settle the case before trial. The Court assists without prejudging the case in settlement conferences regarding the case and its specific issues.
And, finally, if the parties do not settle at Intensive Settlement Conference, a trial occurs. Prior to any trial, the parties generally must submit trial briefs with their exhibits. A trial may be one day or be over many days, and it may not be on consecutive days and may be over the course of many months.
As you can see, the process of litigation of a divorce can be a lengthy and costly process. If the parties can avoid all or much of the litigation along this process and settle their matter equitably early on they will save themselves time and money along the way.
Green & Associates is experienced in all the above matters over the course of many years and many hundreds of divorce and family law matters.
Let us help you find the most efficient and cost-efficient way to address your case.
Call us now for your free consultation and let Green & Associates help you today!
Call us at today 732-390-0480 or 201-242-1119!