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When is an agreement reached? Can an agreement be reached before the Marital Settlement Agreement is signed by both parties? Are verbal agreements binding (i.e. legally enforceable) when they arise during conversations at home, during conferences with attorneys, or at mediation?
What if one party believes that an issue or the entire case is settled and the other party denies that an agreement exists? Then what? Evidence of an agreement would certainly be helpful to your position.
If you or someone you know is in this type of situation, it is very likely that you have heard the term “Harrington Hearing”. Typically, the spouse whose position it is that a settlement agreement exists will likely seek relief from the court in the form of a Harrington Hearing. A Harrington Hearing is a court hearing consisting of any and all testimony and evidence relevant to whether an agreement exists.
There are ways to avoid a dispute over whether an agreement exists. As a practical matter, the best evidence is when the terms of a settlement are typed or written onto a document that bears both parties’ signatures. Many times, attorneys put settlement terms on the record when an agreement is reached at court. In addition, most mediators advise their clients that settlement is not final until the parties have agreed to the terms outlined in the Mediator’s Memorandum of Understanding.
A family law attorney can be extremely helpful in these types of situations because he/she will know when and what to put on paper. Is it wise for you to piecemeal your settlement or only settle your case from a global perspective? Our firm can help. Call us at (908) 879-9499 to schedule a consultation.
Happy New Year! 2012 is upon us and of course, New Year’s resolutions are in order. Here are some New Year’s resolutions to keep in mind:
1. Resolve to be enlightened. Surround yourself with knowledge. Many married individuals are terrified to file for divorce due to financial reasons or because of concerns pertaining to their children. Resolve to inform yourself about the law surrounding these issues. Understanding your rights will render a better you in 2012.
2. Resolve to save money. People find clever ways to save money from skipping a Venti latte Frappuccino extraordinaire in exchange for a delightful homemade cup of Joe. Others prefer to skip the exquisite restaurant dinner and opt for a budget-friendly domestic meal. The Court may be able to grant further financial relief if you elect to file a modification application to decrease your child support obligation or alimony requirement based on significant and permanent change in circumstances. If your application holds merit, the Court can decrease your support payments which can certainly help you keep your head above water in 2012.
3. Resolve to help others. Community service is a rewarding experience. Soup kitchens are always accepting volunteers, hospitals need caretakers and not-for-profit organizations will gladly accept donations. There are so many other small ways you can help. All too often, litigants facing a divorce or contentious parenting issues with the Court system experience immense stress and may feel alone and as if they have no one to turn to. Resolve to be a non-judgmental friend who will be there for the individual in grief and provide that special shoulder to cry on. Helping those in need – even in the smallest ways – will make the biggest difference for 2012!
Contact Iandoli & Edens, LLC today. We are here to help you in the New Year – just as we have for the past 18 years.
Please join us on November 15, 2011 from 7:00 p.m. to 9:00 p.m. at the County College of Morris, Randolph Campus for our workshop regarding Child Support and Post-Matrimonial Relief – What to Do If Support Does Not Come Through or If Circumstances Change.
To register for this FREE workshop, please call (973) 328-5025, or e-mail womenscenter@ccm.edu.
Please join us on November 8, 2011 from 7:00 p.m. to 9:00 p.m. at the County College of Morris, Randolph Campus, Conference Room SCC 221, for our workshop regarding custody, parenting schedules and geographic limits.
To register for this FREE workshop, please call (973) 328-5025, or e-mail womenscenter@ccm.edu.
If not jointly decided by the parties and accepted by both sides, custody can become a bitter battleground. From the Court you’ll hear about mandatory Custody Mediation, a Probation Department Investigation, a Best Interest Evaluation, etc. At home, life becomes even more stressful, with accusations and actions which are clearly damaging to the parties and children. While it may seem like there is no resolution, there is a better manner to deal with custody disputes. Contact one of the attorneys at Iandoli & Edens to help you achieve the best result possible for You and Your Children.
Most working parents would agree that finding quality time to spend with your children is challenging. Coming home from work (sometimes late) being hit with homework issues and general rules and regulations of parenting take time and energy. Yet most working parents would not give up tucking the kids in at night or rushing them to the school bus in the morning.
So what happens if you throw a divorce into the middle of this mix? Shared custody is the answer for many couples, but what exactly does that mean? A true joint physical custody arrangement (or shared parenting as it is now known) would mean that the children would spend 50% of the time living with one parent and 50% of the time with the other. This can be achieved in a variety of ways, often dependent on the ages of the children and the work schedules of the parents. Some divorced couples do every other day, every other week, split weeks or every other month.
In looking at famous divorced couples you often hear about shared custody. Demi Moore and Bruce Willis are raising their three daughters this way. Of course, as everyone knows, they might be the most amicable celebrity divorce ever.
Even if you are not as friendly with your ex or soon to be ex as Bruce and Demi, shared custody can work.
If you are interested in shared custody, call one of our experienced family law attorneys at IANDOLI & EDENS (908) 879- 9499 today for a consultation.
Is the glass half empty or half full? A child’s preference can be a factor. The first consideration is the child’s age and maturity. The older the child, the more weight will be given to a stated preference. However, the Court will also consider the maturity or lack thereof regarding the child’s reason for the stated preference.
If the child asserts a preference but is being alienated by one parent, then the child’s stated preference may be negated. If the child states a preference but it is clear that the child’s preference is merely to be with the parent who does not set boundaries, curfews or, with older children, is not home much, etc., then again the child’s stated preference may be negated.
Each case is different and requires extensive skill and experience. If you are dealing with a custody or parenting time issue, call Iandoli & Edens at (908) 879-9499.
Please join us on November 15, 2011 from 7:00 p.m. to 9:00 p.m. at the County College of Morris, Randolph Campus for our workshop entitled “Post-Matrimonial Relief – What to Do If Support Does Not Come Through or If Circumstances Change.”
To register for this FREE workshop, please call (973) 328-5025, or e-mail womenscenter@ccm.edu.
Please join us on November 8, 2011 from 7:00 p.m. to 9:00 p.m. at the County College of Morris, Randolph Campus, Conference Room SCC 221, for our workshop regarding child support, custody, enforcement, parenting schedules and geographic limits.
To register for this FREE workshop, please call (973) 328-5025, or e-mail womenscenter@ccm.edu.
Can your ex move with your children out of the State of New Jersey?
A father who is the parent of alternate residence might think that he has no say in the matter. Clearly, his children’s relocation to another state would substantially change his ability to spend time with them. But, what are his options?
To start, the law in New Jersey requires that the relocating parent either have the consent of the other parent to relocate or have the court’s approval. This is true even in cases where the relocating parent is the parent of primary residence. But what if the relocating parent simply leaves without doing either of the above? At that point, the parent of alternate residence can file a motion seeking the children’s return as well as ask for other pertinent relief.
Where consent has not been given, the court will consider several factors in making its decision. These factors include, but are not limited to, the reasons for the move, the children’s relationship with the parent, educational needs, health needs, age and preference. For more information regarding relocation and your parental rights, please call us at (908) 879-9499.
