Legal Question in Family Law in New Jersey
uncontested
I have been seperated from my
spouse for 2 years and we have 2
kids.
There are court orders for
visitation, child support and custody.
I now want to file for divorce pro se.
I understand that in order for things
to go smoothly he has to agree with
all the terms listed in the divorce
complaint such as the child support,
custody and visitation terms. If
these items are court ordered, can
he contest these things during the
divorce hearing?
2 Answers from Attorneys
Re: uncontested
He "could" do anything, but if there are court orders in place, he will have trouble getting very far. Assuming the situation is still more or less the same, the court will not entertain a motion to re-litigate these issues.
While these orders will make your life easy, there are still other issues that must be decided/worked out. Thus, I suggest you at least meet with an attorney to decide if going pro se is a good idea.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: uncontested
Any order issued prior to the final hearing is considered to be temporary. While it may set the tone for the final result, it is not necessarily binding. Depending on the reasons given to the Court, your husband may have a chance of getting any temporary orders changed.
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 an 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