Legal Question in Family Law in New Jersey
My fiance is pretty fed up with having to travel back and forth to New Jersey to settle motions with his ex wife. She continues to file motions that can easily be.settled through: effective communication between them and simple comprehension on her behalf. She.has filed 5 motions in less than a year. 4 out of 5, she wasn't granted what she wanted but the 5th one was given to her because she didn't.send my fiance.the same documents she submitted to the.court (we're.in the process of filing for a motion of reconsideration).She has stated to his father that she will continue to file motions until their kids are 18! I guess what.I'd like to know is..how.can we.insert s.clause into their "divorce decree" that will eliminate or ameliorate this annoyance (aka harrassment). Or if that isn't an option, what will us hiring a lawyer do...how will forking out those EXPENSES work in our favor at this stage?
2 Answers from Attorneys
If you have a New Jersey lawyer, you need not travel to New Jersey for a motion. The response can be prepared by the lawyer in consultation with you, using email. A court rule allows the filing of papers with the court which bear a facsimile of a pary's signature so long as the law certifies that the party has acknowledged the facsimile signature to him/her.
You can appear at the motion by spearkerphone. The rules provide for same.
Secondly, a motion can be filed, noting the frivilous nature of her past motions and citing her statement to his father, or, rather, certified by his father. The rules provide for sanctions for frivilous motions and same can be sought.
Call me if you like.
What a jerk.
Well, I can help you with this. Give me a call, we will talk about this in detail, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack New Jersey 07601
Phone: 201-820-3459
Fax: 201-820-3461
Email: [email protected]
Website: AttorneyRobertDavies.com
Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.