Legal Question in Family Law in New Jersey

Re: Judge's order

rather a lot to explain on this website. easier to explain on the phone.

Also, it seems that you are handling a divorce situation without an attorney. The following is an educated guess at what your situation is:

Now, don't take this wrong, but let me summarize:

you are in the middle of a divorce.

You and your soon to be ex both probably have a job. You may have a house. you may have savings, pension, credit card bills, and other things to deal with.

you may have a child (children), and child support and college tuition needs to be paid. That is measured in tens of thousand of dollars.

Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the child.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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 exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Judge's order

The Judge apparently made a decision in Court and the lawyer on the other side submitted an Order which he believes comported with the Judge's decision. This Order is submitted pursuant to the "Five Day Rule". You only have a right to object if you think the wording in the proposed Order does not comport with the Judge's decision. You cannot appeal the Judge's decision by objecting or ask him/her to make a different decision. You can only object if you think the written Order does not say what the Judge actually said in Court. If it does, you have no basis for an objection and the Order will be signed by the Judge.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. If you have not

already done so, you should immediately meet with a Family Law attorney for a full consultation

before you take any further steps. You may feel free to call me to discuss this matter in more

detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck!

Rob Gleaner

Re: Judge's order

When a judge makes a ruling his decision must be reduced to a writing called an Order. The five day rule gives the parties five days to object to the language used in a proposed Order to describe the judge's Order. If there is no objection and the judge finds the form of Order acceptable to him or her the Order is signed by the judge. If there is an objection as to the language of the Order it is resolved by another hearing in court.

Call me if you like.

Gary Moore,Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Judge's order

In NJ usually a lawyer may submit a proposed order to the court for entry (or singnature by a judge) with a notation that the other or opposing party must submit any specific written objections within five days of receipt of the proposed order or if no objections come in that time then the court may in its discretion enter the order as submitted. It is a good practice to contact the judge's chambers first by phone to let them you will be submitting specific written objections if that is your intention.

By contrast, a consent order is usally agreed at least as to the form if not also the content and signed by the parties to it to indicate either their consent to the subject matter of the order or at least that what's stated in the order may have been what the judge ordered even if we disagree with correctness of the judge's order.

Lately the when there is a motion the other lawyer may for various reasons draft a consent order as well.

We often use consent orders for emancipation for example if both parents or parties agree that a child is emancipated.

These are general rules and local practices sometimes vary so be on your toes. Your lawyer can best explain the particular use in question.

DISCLAIMER: You should not use this as legal advice but rather as an educational tool to further your understanding of the law but not as a substitute for a licensed lawyer fully informed of your circumstances as they relate to your case. If significant relevant facts are omitted, this answer may not be the correct description that apllies to your particular case. You have not retained the law firm of Salvatore Principato and I am not lawyer unless you retain me by signing a retainer agreement and/or paying aspecific agreed retianer for legal services rendered.