Trials/Appeals/Post-Judgment
David M. Wildstein: A Trusted Advocate for Justice
New Jersey divorces are often not one-and-done events. There are frequently many steps occurring before and after the divorce decree. Trials, post-judgment actions, and appeals can add multiple layers of complexity to your divorce proceedings. Navigating these steps requires the skills and expertise of an experienced family lawyer.
David M. Wildstein brings over 40 years of legal experience in trying divorce cases and litigating appeals.
New Jersey Divorce Trials
Going to trial can be an emotionally and financially draining experience. The court requires alternative dispute resolution prior to a trial such as mediation, Early Settlement Panels (lawyers that volunteer their time to try and assist in a settlement) and settlement conferences with the Court.
In New Jersey, most cases settle, but approximately 5% or less go to trial. However, the preparation and strategy prior to a trial is instrumental in creating a positive environment for settlement. If a settlement cannot be achieved, a Judge will decide the outcome of any issues that are unresolved. While it’s usually best to settle disputes, there are situations where it’s impossible. In such cases, the divorce case will proceed to trial. A divorce trial typically includes:
- Opening statements that give the judge a roadmap as to what you are seeking.
- Presentation of testimony from both parties and witnesses and experts subject to cross examination.
- Presentation of applicable laws
- Document Production
- Closing Statements: A summary of your case and the outcome that you are seeking.
Divorce trials can be complex, lengthy and demand a high level of skill from the attorney. A strong partnership between the lawyer and the client is crucial. David Wildstein is an experienced divorce trial attorney who can present credible, and compelling evidence in a well-organized and concise manner to achieve success in your case.
Appeals
When a final decision is rendered from a trial or post judgment application, a client may take an appeal to a higher court. A family law attorney must file a notice of appeal within 45 days of the entry of the judgement being appealed. Temporary orders (known as interlocutory orders) entered prior to a final hearing are not appealable as a matter of right. However, a party may seek leave to appeal a temporary order by requesting permission from the Appellate Court, which is sparingly granted.
An appeal may be warranted if the trial court:
- Failed to apply the law correctly
- Failed to appropriately weigh the evidence
- Failed to make adequate findings of fact and conclusions of law
- Failed to address all disputes in the case
- Abused its discretion
Enforcement of Orders and Judgments
If a party fails to comply with an order or judgment, an application can be filed to enforce the judgment or order. The court has the power to enter sanctions against the defaulting party, including an award of counsel fees, or even incarceration of a party if there has been unlawful disobedience of the court order or bad faith conduct. If a party wants to enforce the judgement, they must file a motion for enforcement.
David M. Wildstein can provide representation for enforcement or defend post judgment applications.
Post Judgment to Terminate Alimony/Child Support
As circumstances change, agreements can end. While some agreements contain termination provisions, like limited duration alimony or child support, if a child is emancipated, others can only be ended by a court order. Such as a termination of alimony if the recipient is cohabiting with a person in a relationship tantamount to marriage or a party seeks to end alimony because he or she is retiring. Attorney David Wildstein can help you craft and present petitions to terminate alimony and child support agreements to further your interests.
Examples of when you can terminate alimony or child support:
- You lack the ability to pay alimony. For example if you are retired, unemployed or disabled.
- Your ex-spouse has attained financial stability to become self-sufficient;
- Your ex-spouse remarries or begins living with a new partner tantamount to marriage;
- Your child is legally emancipated.
- If the child custody is transferred.
Terminating child support is not solely based on the child reaching adulthood, although this is often the main reason for ending payments. As family dynamics shift over time, the need for child support may also change, leading to a situation where it is no longer necessary, if a child is still a full time college student the child is not emancipated. However there may have to be an adjustment in the amount of child support based upon the proportionate amount each party pays for college.
New Jersey Divorce Trial & Appeals Attorney
Trials, appeals, post-judgment actions, enforcement orders, and more are often part of the divorce process. New Jersey Divorce Trial and Appeals Attorney David M. Wildstein has over four decades of family law experience in the state. He has seen it all and knows how to prepare the best case for his clients.
Contact his Woodbridge or Red Bank office to schedule a consultation about pending divorce trials, motions to appeal, post-judgment orders or actions, and other related issues.