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I need to write a motion to vacate a default divorce

Hi, I need to...

Hi, I need to write a motion to vacate a default divorce judgement.

Lawyer's Assistant: How were the divorce papers served? Was an Answer or other response filed?

I signed for everything, however, it was under duress, right before a 9 week medical leave. In addition the agreement is very vaguely written, which might cause difficulties in the future, especially when it comes to the kids and visitation etc.

Lawyer's Assistant: Family law varies by state. What state are you in?

New Jersey

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, my income is $4000 a month net. and according the divorce agreement I have to pay $2638 in alimony/child support and tuition. Which leaves me with $1362 per month, which is impossible.

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Customer reply replied 9 months ago
1)In addition to the ambiguity of the agreement, the agreement states that my ex-wife and I have 50%/50% shared visitation. But it does not spell out what / when / where / pickup and drop off time ect.
2) My ex-wife did not fully discloses here assets. She has at least $25,000. hidden that she did not disclose.
3) I am sending you the divorce agreement.
Customer reply replied 9 months ago
Also, the agreement says that we have both 50/50 access to the family car. Which does not make sense at all since we live 45 minutes apart
Answered in 34 minutes by:
8/14/2017
lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
Experience: Attorney
Verified

Hi there. My name is ***** ***** I'm a licensed attorney. I'm reviewing your question and will respond shortly.

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I can definitely help you with this. You're going to file a Motion to Vacate Judgement for the Grounds of Duress. I've attached some sample motions to vacate for you to look at here: http://ledger-paper.org/10-how-to-file-a-motion-to-vacate-judgement/ . In New Jersey, a Motion to Vacate has five parts you must draft:

1) A Notice of Motion – this form lets the court and your adversary know that you are filing a motion, what you are asking the court to do, the date, time and location when the court will decide the motion. To get the

2) A Certification – this is your statement (which you certify to be truthful) in which you tell the court all of the facts that the court needs to have in order to make a decision about your motion.

3) A Memorandum of Law – this form makes legal arguments that apply to your motion.

4) Certification of Service – this is your statement (which you certify to be truthful) that you sent the plaintiff a copy of your motion.
5) Order – this is a blank form for the judge to fill out with the decision on your motion.

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This is a complicated motion, and it would be helpful for you to have a pro bono attorney help you draft it. Here are some contacts I found throughout New Jersey that assist for free with family law services:

1. Volunteer Lawyers for Justice (Essex area)(###) ###-####/p>

2. Central Jersey Legal Services (New Brunswick)(###) ###-####/p>

3. Legal Services of Northwest Jersey (Flemington)(###) ###-####/p>

4. South Jersey Legal Services (Camden)(###) ###-####/p>

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If I've sufficiently answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist you.

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Customer reply replied 9 months ago
Hi Jenna,
Thank you for your response.
In your first paragraph under : 1) the sentence is cut off. Can you please resend the complete response, thank you.

Oh so sorry about that. That was supposed to say : To get the court's schedule on hearing motions you can look here: https://www.judiciary.state.nj.us/calendars.html. Motions are almost always decided on Fridays. Choose a date about three weeks after you will be filing and serving your motion – you must give your adversary at least sixteen days advance notice of your motion. Fill in the county and address of the court that will decide the motion. You can find the addresses and phone numbers of each county’s court here: http://www.judiciary.state.nj.us/njcourts-10.htm.

lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
Experience: Attorney
Verified
lawyerJ and 87 other Family Law Specialists are ready to help you
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Customer reply replied 9 months ago
Jenna,My divorce case is filled in Passaic County. I've called the numbers you provided and they do not service my county.

Here's the number for Passaic County Legal Aid Society Volunteer Lawyers Program,(###) ###-####/p>

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There is also Northeast New Jersey Legal Services,(###) ###-####and Union County Legal Services Corporation,(###) ###-####/p>

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Customer reply replied 9 months ago
Hi Jenna,The number provided: Passaic County Legal Aid Society Volunteer Lawyers Program,(###) ###-#### is not in service.

Did the other two numbers provided connect you to someone?

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Category: Family Law
Satisfied Customers: 177
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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