Articles Posted in Procedure

|

In representing a divorce client, one’s inquiry and representation is primarily focused in the major issues in controversy such as the custody of minor children, alimony and child support, the equitable distribution property, and payment of professional fees. Indeed, these are important and crucial issues. However, in the heat of battle, smaller side issues could have a tendency to get lost. The recently published case of Leggio v. Leggio served as a reminder of one of those issues, namely a spouse’s ability to effectuate a change of name incident to a divorce. Continue reading ›

|

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 of attorney’s right to a charging lien is merely academic as matters glide through the system. Occasionally, however, issues arise regarding an attorney’s fee which require court intervention. Pursuant to N.J.S.A. 2A:13-15, an attorney is entitled to a lien against a marital assets in controversy for the purpose of the payment of legal fees. The attorney’s lien is an inchoate right that attaches to the assets of the marital estate upon the completion of the ttorney’s involvement in the matter. Continue reading ›

|

In a recently published trial court decision, Marsico-v-Marsico, the Honorable Lawrence R. Jones, J.S.C., dealt with the novel question of law as to whether or not a designated power of attorney could appear and testify on behalf of or in lieu of a divorce litigant.  After addressing this issue, Judge Jones ultimately decided that a power of attorney could not in fact appear and testify on behalf of a divorce litigant.  Judge Jones was able to delineate and distinguish the factual circumstances of prior case law wherein similar situations were allowed to proceed. Continue reading ›