Legal Question in Family Law in New Jersey
Final JOD -
The settlement agreement put on the record stated tha my ex-spouse would give me $50,000 from a 401K plan, that I would have the kids with me every other weekend and that the marital house would be sold at a certain date in 2011. The court asked us to amend the JOD and submitt it for final court approval. My lawyer behind my back negotiated the final JOD and did not informed me of the negotiations. The result was that the $50,000 provision was completely deleted, the weekend visitaion was changed from every other weekend to the 2nd and 4th weekend of each month and the sale of the house added a new provision where my ex-spouse would have the option to sell the house prior to the date stated on the record. All of these changes were done by my lawywer without consulting with me and/or without my approval. The document was submitted to the court and approved.
I have a letter from my ex-spouse's counsel where it is stated that my lawyer had approved the changes to be submitted to the court for approval.
What can I do to rectify the problem?
2 Answers from Attorneys
Re: Final JOD -
You are saying that you never agreed to the changes that your lawyer made.
It sounds like your attorney gave away $50,000. It is difficult to believe that any attorney would do that for no reason.
You have a problem with your own lawyer, and you also have a problem with the document that the Judge is about to sign or has signed.
I suggest that you sit down with another divorce attorney immediately, and get some advice. You need to take action quickly.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Final JOD -
You must go back to Court based on your never agreeing to the final judgment. Otherwise, what was
the reason for your testifying in court as to your understanding of the agreement.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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