Legal Question in Family Law in New Jersey
Pendente Lite Order
In a mix up with the attorneys or courts I was never given the chance to attend my wife's Pendente Lite motion. The Judge ruled on only her motion with no responses from me. Needless to say, I lost. The judge then retired. I filed a Motion for reconsideration to be heard by the oncoming judge. He ruled in favor of my wife's opposition and my case was never heard. Although, I had my 5 year old daughter most of the time and my wife makes more money, I lost custody and 90 percent of my net salary to her. Where's the justice in this. What can I do next to get the facts to the court? A 5 year olds wellbeing is at stake here and I'm living way below poverty level. Can I file an appeal or another motion?
3 Answers from Attorneys
Re: Pendente Lite Order
You could file a motion or file an appeal.
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Re: Pendente Lite Order
If the record is complete, you should file a motion. You have 45 days. Act quickly!
Re: Pendente Lite Order
It is hard to answer with the information provided. However, if the case is still pending, then the appeal would be interrocatory. Pursuant to R. 2:5-6 you have 20 days from the date of service of the Order to appeal the decision.
Also, it appears you filed a motion for reconsideration that was denied, but if not, you can file a motion for reconsideration. This also must be filed within 20 days. This motion must tell the court where they made a mistake or what information was missing from the original order.
Good luck,I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.
Disclaimer: You can not rely on the advice of 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.
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