NJSBA Family Law Section

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  • 1.  Notice of Equitable Distribution

    Posted 12-08-2016 09:29 AM

    Listmates -

    Does anyone have a sample Notice of Equitable Distribution in a default divorce case, which they would be willing to share? Please feel free to reply off-list.

    Thanks!

     - Megan

    [email protected]

    ------------------------------
    C. Megan Oltman Esq.
    Princeton NJ
    (609)947-0784
    ------------------------------


  • 2.  RE: Notice of Equitable Distribution

    Posted 12-08-2016 03:33 PM
    I would also be grateful for one!





  • 3.  RE: Notice of Equitable Distribution

    Posted 12-08-2016 03:46 PM
      |   view attached

     

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]

     

    Visit my personal website:  www.mydivorcelawyernj.com

    Member, Middlesex County Bar Association,  Monmouth Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

                                     

     

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    Attachment(s)

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    NTC.PROPOSEDJDGT.doc   36 KB 1 version


  • 4.  RE: Notice of Equitable Distribution

    Posted 12-08-2016 06:25 PM
    Here's a couple of them - except it's now "Notice of Proposed Final Judgment" (no longer Notice of ED):

    They're public information once filed, so no problem with sharing.  Remember you must include a CIS.

    One older, one from this summer (I think I have another recent one, these are the ones that jumped out from memory):

    <x-tab>        </x-tab>http://www.dpdlaw.com/SampleNoticeED1.pdf

    <x-tab>        </x-tab>http://www.dpdlaw.com/SampleNoticeED2.pdf

    <x-tab>        </x-tab>http://www.dpdlaw.com/SampleNoticeEDjudgment.pdf

    Let me know if they help!


    <x-sigsep>

    Please confirm that you received this email and referenced attachments (if any).

    - Dave

    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>





  • 5.  RE: Notice of Equitable Distribution

    Posted 12-09-2016 10:47 AM

    Actually, just recalled I did a more complex one earlier this week -- www.dpdlaw.com/SampleNoticeED3.pdf

    If you haven't been through a contested default hearing --
    <x-tab>        </x-tab>1. Contact the judge's chambers a few days before and make sure they know it's a contested default. Case management will often list all defaults for one morning. Obviously, putting one through when there's a signed agreement is quicker. In my experience, allot 25-45 minutes for a contested / notice of ED hearing. I learned through experience that they'll often say "I have 15 uncontested cases on this morning, we'll have to reschedule your matter."
    <x-tab>        </x-tab>2. Make sure you have the Green Card / proof of service giving the defendant at least 20 days notice of the hearing date. Seen more than one case get off to a flying stop when counsel didn't have it.
    <x-tab>        </x-tab>3. At the hearing, you generally can lead the client around like a little pony. I tend to just go through the complaint and then the agreement, essentially reading them and saying "is that correct?" Generally, the client may want to add a few words on the cause of action or whatever, and I'll usually ask a few open ended questions like "and explain why you believe this is fair or whatever."
    <x-tab>        </x-tab>4. The judge may have a few questions of her/his own. Just because it's in the Notice of ED doesn't mean the court will go with everything. I had one where the husband had damaged the house while drunk and wife had an estimate of $15,000 to fix the damage. The judge questioned her extensively and thought $5,000 was fairer. Also had them order different amount of alimony than was sought in one case.


    <x-sigsep>

    Please confirm that you received this email and referenced attachments (if any).

    - Dave

    David Perry Davis, Esq.
    -------------------------------------------
       www.FamilyLawNJ.pro
    -------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>