NJSBA Family Law Section

Just call coordinator for your judge and ask.  Middlesex advises you right on their website.

If you want to denigrate the process this is a great start. You also lessen respect for lawyers and the court. Do you know of any process by which a couple can get married without showing up?

If you want to denigrate the process this is a great start. You also lessen respect for lawyers and the court. Do you know of any process by which a couple can get married without showing up?

This process works well in the 13^th vicinage to save clients time and funds.

I suspect it is a significant event for one, but not necessarily both, of them.  Perhaps, a system which allows, but does not require an appearance, perhaps for the defendant, would be a good compromise. 

I suspect it is a significant event for one, but not necessarily both, of them.  Perhaps, a system which allows, but does not require an appearance, perhaps for the defendant, would be a good compromise. 

I suspect it is a significant event for one, but not necessarily both, of them.  Perhaps, a system which allows, but does not require an appearance, perhaps for the defendant, would be a good compromise. 

I suspect it is a significant event for one, but not necessarily both, of them.  Perhaps, a system which allows, but does not require an appearance, perhaps for the defendant, would be a good compromise. 

I suspect it is a significant event for one, but not necessarily both, of them.  Perhaps, a system which allows, but does not require an appearance, perhaps for the defendant, would be a good compromise. 

Then maybe the answer is to allow it to the judge's discretion rather than disallowing divorce on the papers in all cases.

Then maybe the answer is to allow it to the judge's discretion rather than disallowing divorce on the papers in all cases.

I suspect it is a significant event for one, but not necessarily both, of them.  Perhaps, a system which allows, but does not require an appearance, perhaps for the defendant, would be a good compromise. 

                    When did the Bar decide to self distruct? Court appearances with clients is necessary to maintain respect for the law the Courts, our profession and the process. As I asked yesterday...any way to get married without showing up?

                    When did the Bar decide to self distruct? Court appearances with clients is necessary to maintain respect for the law the Courts, our profession and the process. As I asked yesterday...any way to get married without showing up?

                    When did the Bar decide to self distruct? Court appearances with clients is necessary to maintain respect for the law the Courts, our profession and the process. As I asked yesterday...any way to get married without showing up?

                    When did the Bar decide to self distruct? Court appearances with clients is necessary to maintain respect for the law the Courts, our profession and the process. As I asked yesterday...any way to get married without showing up?

                    When did the Bar decide to self distruct? Court appearances with clients is necessary to maintain respect for the law the Courts, our profession and the process. As I asked yesterday...any way to get married without showing up?

                    When did the Bar decide to self distruct? Court appearances with clients is necessary to maintain respect for the law the Courts, our profession and the process. As I asked yesterday...any way to get married without showing up?

Think of the malpractice claims if no record of counsel or Judge making inquiry as to advice and voluntariness and satisfaction with counsel. Plus are you unaware of the erosion of trust of our profession and the Courts? Lawyer are retained to shepherd a party through the process, not the postal service.

Seymour, thank you for the refreshing replies.

As I follow the thread, I have a few thoughts.

1.       Other than protecting ourselves from exposure, which should not be our PRIMARY concern, are we best protecting our client without ensuring the soon to be ex-spouse answers some items on the record:

a.       I understand the settlement terms.

b.      I reviewed it with my counsel prior to signing, satisfied with counsel and counsel explained the terms clearly and answered all my questions.

c.       Terms were reached through extensive negotiations / mediation, etc.

d.      I fully understand that this waiver of alimony / terms of alimony (fill in any other term of agreement - business valuation / ED, etc.) is final, permanent, not subject to any possible modification., satisfied with the terms of this settlement.

e.      I understand I did not have to settle, but I am voluntarily waiving the right for a trial, etc.

f.        I fully understand terms of ED payment schedule are not subject to discharge in a BR filing, as per the terms of this agreement.

g.       Each case may have 3 or 5 special terms you wish to put on record.

2.       In two or three years after FJD, post-judgment application is filed by your client's former spouse.  The party, who did not answer the above and other items on the record, enters the court, stating that they now have retained new COMPETENT counsel, as I now realized this 15 year term of alimony is not subject to any modifications, but I am now disabled / lost my job, etc [change the issue to any other key term of the settlement]. My attorney did not explain this to me fully.

a.       While some on this email thread are worried about "our backs" what about our client who is now dragged back into the court, facing new legal expenses, possible modification. The opposition to said filing is not as strong as it could be due to not having an "on the record" appearance 2-3 years prior to said filing?

3.       I have seen cost mentioned many times in prior emails on this thread. If cost is the only factor, after working on a file for 4 to 12 months to get it to where it is, can't we discount or waive an hour or two, for exceptional circumstances, to fully protect our clients? Can't we require at least the other side answers the above items via telephonic conference on the record, which is not ideal, but at least a bit better than just on the papers?

As I follow the thread, I have a few thoughts.

1.       Other than protecting ourselves from exposure, which should not be our PRIMARY concern, are we best protecting our client without ensuring the soon to be ex-spouse answers some items on the record:

a.       I understand the settlement terms.

b.      I reviewed it with my counsel prior to signing, satisfied with counsel and counsel explained the terms clearly and answered all my questions.

c.       Terms were reached through extensive negotiations / mediation, etc.

d.      I fully understand that this waiver of alimony / terms of alimony (fill in any other term of agreement - business valuation / ED, etc.) is final, permanent, not subject to any possible modification., satisfied with the terms of this settlement.

e.      I understand I did not have to settle, but I am voluntarily waiving the right for a trial, etc.

f.        I fully understand terms of ED payment schedule are not subject to discharge in a BR filing, as per the terms of this agreement.

g.       Each case may have 3 or 5 special terms you wish to put on record.

2.       In two or three years after FJD, post-judgment application is filed by your client's former spouse.  The party, who did not answer the above and other items on the record, enters the court, stating that they now have retained new COMPETENT counsel, as I now realized this 15 year term of alimony is not subject to any modifications, but I am now disabled / lost my job, etc [change the issue to any other key term of the settlement]. My attorney did not explain this to me fully.

a.       While some on this email thread are worried about "our backs" what about our client who is now dragged back into the court, facing new legal expenses, possible modification. The opposition to said filing is not as strong as it could be due to not having an "on the record" appearance 2-3 years prior to said filing?

3.       I have seen cost mentioned many times in prior emails on this thread. If cost is the only factor, after working on a file for 4 to 12 months to get it to where it is, can't we discount or waive an hour or two, for exceptional circumstances, to fully protect our clients? Can't we require at least the other side answers the above items via telephonic conference on the record, which is not ideal, but at least a bit better than just on the papers?

Think of the malpractice claims if no record of counsel or Judge making inquiry as to advice and voluntariness and satisfaction with counsel. Plus are you unaware of the erosion of trust of our profession and the Courts? Lawyer are retained to shepherd a party through the process, not the postal service.

Think of the malpractice claims if no record of counsel or Judge making inquiry as to advice and voluntariness and satisfaction with counsel. Plus are you unaware of the erosion of trust of our profession and the Courts? Lawyer are retained to shepherd a party through the process, not the postal service.

Think of the malpractice claims if no record of counsel or Judge making inquiry as to advice and voluntariness and satisfaction with counsel. Plus are you unaware of the erosion of trust of our profession and the Courts? Lawyer are retained to shepherd a party through the process, not the postal service.

Think of the malpractice claims if no record of counsel or Judge making inquiry as to advice and voluntariness and satisfaction with counsel. Plus are you unaware of the erosion of trust of our profession and the Courts? Lawyer are retained to shepherd a party through the process, not the postal service.

We ask our clients, in court, certain questions to confirm their understanding of the agreement, that it is voluntary, fair, etc.  We tell them that, if they do not respond appropriately, the Judge will not let the agreement stand or allow the divorce to be granted.  What is the difference if, instead of being asked, the client signs a Certification, in advance, in which he/she responds to the same questions, except in writing in a Certification instead of in person in court. I am not sure the system, or we, are any more at risk.  If a client is going to turn on you, it will not matter that you appeared in Court with him/her

And,  if efficiency is one of our goals, not having to spend a few hours at the courthouse for a 10 minute hearing, for which the client will be charged, is far more efficient. 

No one has mentioned that the client(s) have to testify as to the cause of action for divorce from the complaint and counterclaim. that cannot be done by certification. it must be testified to.

No one has mentioned that the client(s) have to testify as to the cause of action for divorce from the complaint and counterclaim. that cannot be done by certification. it must be testified to.

Think of the malpractice claims if no record of counsel or Judge making inquiry as to advice and voluntariness and satisfaction with counsel. Plus are you unaware of the erosion of trust of our profession and the Courts? Lawyer are retained to shepherd a party through the process, not the postal service.

Think of the malpractice claims if no record of counsel or Judge making inquiry as to advice and voluntariness and satisfaction with counsel. Plus are you unaware of the erosion of trust of our profession and the Courts? Lawyer are retained to shepherd a party through the process, not the postal service.

Since you only charge $600 for the divorce. it is you not the client who can't afford the cost of a court appearance!                        

Since you only charge $600 for the divorce. it is you not the client who can't afford the cost of a court appearance!                        

Mark Gruber, Esq.

GRUBER, COLABELLA & LIUZZA

Attorneys at Law

41 Lakeside Boulevard

Hopatcong, NJ 07843

Tel. No. 973-398-7500

Fax No. 973-398-2592

E-mail:  [email protected]

____________

Mark Gruber, L.L.M.

Certified by the Supreme Court of NJ as a Matrimonial Law Attorney

Fellow, American Academy of Matrimonial Lawyers

David, Can you send me the sample forms? Thanks

Mark

She probably means that I missed the typo.  I will look at the package shortly.