I am frequently asked if It makes sense to buy out of an alimony obligation with a lump sum payment. The answer to the question is a bit complex but I will try to tackle it in the length of this post. Usually, when there is a discussion of the…
Articles Posted in counsel fees
KEEP YOUR COST DOWN; SAVING LAWYERS FEES
I was recently asked by a high net worth client how they could save legal fees during their proceeding. I understood his concern as the matter is complicated and his wife had very little knowledge of family finances. Accordingly. it would be up to her lawyer to verify assets and…
ENFORCEMENT OF FAMILY LAW “CONTRACTS”: IT’S A MATTER OF INTERPRETATION
When a client retains an attorney to represent him or her in a divorce or other family law dispute, usually the goal is to try and settle the matter. Trying a case is viewed as a last resort when all efforts to reach an amicable resolution have failed. From the…
Can I Deduct Your Fees?
The legal fees incurred with regard to a divorce can be substantial. I have written several blog posts in the past cautioning litigants of how their decisions and actions during a divorce matter can dramatically impact the level of legal fees that can be generated, and the ways litigants can…
Family Part Court Rule Amendments – 2017 (Part 1)
Despite the recent heat wave, Fall has arrived. Besides the presumably cooler weather, when the calendar hits September, we can always look forward to a number of things – school starts, rush hour traffic resumes, shorter days, etc. However, for us lawyers September brings with it the annual amendments that…
Determining Matrimonial Retainer Fees
For attorneys and litigants alike, the legal fees attendant to the handling of a divorce matter are an important consideration. When it comes to legal fees, time is money. Because our Rules of Court prohibit the handling of divorce cases on a contingent fee basis, legal services are billed based…
Settlement When it is Right – and For the Least Possible Cost
There is a saying among realtors that the first offer is usually the best offer. Why is that? Because the first offer is made when the property is freshly on the market. When real estate sits buyers become suspicious. There is also the cost of holding the property to factor…
Costs of Litigation Should Be Considered In Contested Divorce Actions
Pursuant to New Jersey statutes, and a common term in lawyers’ retainer agreements, is often a provision for the attorney to retain what is referred to as a charging lien in the assets of the marital estate to allow an attorney to be paid for legal services. Usually the existence…
Awards of Counsel Fees in Matrimonial Actions in New Jersey
One consideration that comes up in almost every divorce action is the question of whether a spouse can request that the other spouse pay their counsel fees. Awards of counsel fees in New Jersey matrimonial cases are completely up to the discretion of the judges, and the Appellate Division…