How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawTalk Your Own Question

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
Type Your Family Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

How do I answer a notice of cross motion Can the judge prohibiting

Customer Question

How do I answer a notice of cross motion ? Can the judge prohibiting any adjournments because I now don't have an atty,,and asking me to pay $10,000 for my husbands upcoming legal fees which may be incurred because of my bad faith behavior regarding my divorce?And can my husband get 1/2 my home i bought while married to him and I paid for we were married for only 5yrs and he wants rent money from his home that he gave me to spend as I wanted?
Submitted: 3 years ago.
Category: Family Law
Expert:  LawTalk replied 3 years ago.
Good morning,

I'm sorry to hear of your dilemma.

The way that you would respond to the notice of a Cross-Motion/Counter-Motion would be the exact same way that you would respond to a Motion. You will need to prepare, file and serve a Response to Notice of Cross-Motion. Points and Authorities and Declaration(s) (if appropriate). You will state why the granting of the other party's motion would be in appropriate, citing applicable statutory and/or case law, and ask the court to deny the Motion in its entirety.

The judge is not obligated to grant a continuance simply because one party or the other is without an attorney. While some judges will do this for a short time---especially if you have a new attorney and your attorney needs a few weeks to get up to speed---however, the granting of a continuance/adjournment is entirely at the discretion of the judge hearing the matter.

If the court finds that either party has acted in bad faith as regards the litigation of a matter before the court, the judge has the authority to order that the party who has acted in bad faith shall pay to the opposing side their reasonable and necessary legal expenses and legal fees associated with the defending of their position. While this does not happen frequently, judges tend to be quite harsh when they sense that a party has acted in bad faith---and their Order of payment of fees is all but impossible to appeal.

All property acquired during the marriage, or paid for during the marriage, is considered to be marital property. Now, New Jersey is not a Community Property state, but rather divides marital property between the divorcing spouses based upon the theory of Equitable Distribution.

Equitable distribution looks at a number of factors in determining how to divide the marital assets and debts.

Factors which the court typically considers include:

1. The length of the marriage.
2. The amount of work done to accumulate/improve the property.
3. Fault of one spouse or the other for the break-up—such as adultery
4. The earning capacities of the spouses.
5. Separate property held by each spouse.
6. The value of the contribution of a spouse who maintains the home as a home-maker.

While there often is a division of marital assets along the lines of the respective incomes of the spouses and the concomitant contribution of those incomes to the purchase/improvement of those assets, the judge has great discretion and may also choose to weigh the contribution to the marriage by the spouses in non financial terms, such as homemaking and rearing of children.

The rent money that he gave you is highly unlikely to be awarded back to him---that was simply money spent by the marital estate, during the marriage.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely appreciate your abiding by the honor system as regards Accepting answers. I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney