Written by: Willliam Lemega, Esq. There are many different reasons people file for divorce. In New Jersey, N.J.S.A. 2A:34-2 states the causes of action for divorce. There are seven of grounds for fault divorce and two grounds for no fault divorce. Most divorces proceed on grounds for no fault divorce, which are either separation or irreconcilable differences. Rarely […]
Mediation is defined as a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute, as opposed to arbitration, where the parties give the power to decide the issues in dispute to the arbitrator. But what if the parties desire or require both? Plenty […]
If you have recently or not so recently entered into a divorce agreement that obligates you to pay a certain amount of alimony, you may find yourself in a bind should you no longer be able to meet your obligation. N.J.S.A. 2A:34-23 states that orders entered as to alimony “may be revised and altered by the court from […]
If a Restraining Order is filed against you, the police may confiscate any type of weapon or weapons that may cause harm or bodily injury to the alleged victim, including but not limited to firearms or your Firearms Purchaser Identification Card and Carry Permit. In fact, the Prevention of Domestic Violence Act requires the police to seize […]
When seeking a modification of a current custody or parenting time arrangement, whether you are the one seeking it or if it is the other parent, it is important to understand the potential hurdles the filing party will have to overcome before a Court will actually effectuate any type of requested change to the schedule that is already […]
Who gets to hold my child’s passport when not traveling? The Department of Homeland Security and the State Department have instituted certain policies and procedures for single parents travelling internationally with a child. There have been plenty of battles over whether one parent can travel internationally with the child and whether or not they can obtain […]
Sometimes people are forced to go back to Court more than once to try to get an Order reinforced. When a party files an application with a court seeking certain relief, whatever that relief may be, a final judgment or order is issued. When two people get divorced, the terms of that divorce are contained in a […]
There are two types of temporary applications in family court: emergent and non-emergent. A non-emergent motion is an application that can be made in Family Court in which the applicant requests specific relief from the Court. Pursuant to R. 5:5-4(c), Family Court motions are deemed to be twenty-four day motions, meaning that the application must be filed at least […]
When a motion or complaint is filed in the Superior Court of New Jersey, the applicant most likely imagines the outcome of their matter hinging on their attorney’s ability to argue all of the legal reasons as to why they should prevail before a judge in a courtroom. The reality is that, while it may […]
