QUESTION

How can i contest a judge's decision of a reconsideration motion to pay ex wife's attorney fees based on a fee shifting clause in my MSA...?

Asked on Mar 06th, 2020 on Divorce - New Jersey
More details to this question:
I sought a motion for cohabitation against ex wife, courts granted motion , but granted decision of no cohabitation after a trial to ex wife. Fee shifting clause was in my msa and originally denied by judge. Reconsideration filed by litigants lawyer and granted, how can i contest
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2 ANSWERS

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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I dont know when the trial court entered its order on your cohabitation issue and on the counsel fee issue but there has been several recent reported appellate division decisions reversing trial court judges on their analysis of the  cohabitation issue and whether something amounted to cohabitation under the new statute. From the entry of a final order, you have 45 days to file an appeal with the appellate division. Since the court did not rule on the counsel fee until later, you could not file an appeal until that issue was disposed of -so it might be worth your while to sit down ( videochat) with a family law attorney to review the courts orders and the underlying pleadings and the transcript material to see if it is worthwhile filing an appeal. I don’t know what your alimony obligation is or what your proofs looked like for suspension or termination purposes, but if you still have a significant period of time remaining and a significant amount owed, it may be worth it to explore an appeal. If you are interested, contact my office so that they can schedule an initial consultation with one of the partners in the firm to discuss your matter. My suggestion is that if you are going to contact our office or another family law firm, provide the underlying orders, pleadings and statement of reasons from the court in advance so that the lawyer can determine if there is a proper basis for appeal, whether the time frame for the filing of the appeal has expired and what the cost of the retainer would be to hire the lawyer to represent you.    
Answered on Apr 04th, 2020 at 9:28 AM

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Family and Matrimonial Law Attorney serving Parsippany, NJ
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Thank you for your question. You can always appeal a decision by the court if you are unhappy and there was an error in the Judge’s decision.  To help you understand your rights and options, I encouarge you to schedule an attorney consultation. 
Answered on Mar 06th, 2020 at 8:43 AM

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