Legal Question in Family Law in New Jersey

motions

I am thinking of representing myself in a continuing court battle with my ex-husband. My lawyer has done nothing for me (in two years) and I'm out of money. My question is:

How do I file a motion in court?


Asked on 12/29/00, 12:07 am

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: motions

If you go into the Courthouse and ask for the clerk's office for Family Part motions, the clerks will give you some help on the logistics of filing the motion. They will not, however, give you legal advice. You are very poorly served by representing yourself in a matrimonial matter. The fact that you need to ask how to file a motion, which is a very simple matter, establishes that when you get to the tougher issues, you could be hurt quite badly. If you are dissatisfied with your attorney, you could get another one. Further, if it is a matter of funds, part of your motion should be an application to have your ex pay counsel fees. While you are certainly permitted to represent yourself, you are not well served by doing so. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Before you take any further action, you should contact another attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 1/02/01, 9:33 am
Beverly Muller Beverly Sharps Muller, Esquire

Re: motions

hi - most family courts in n.j. have a "pro se"

motion package available for people who want to represent themselves. but, if you are in the middle of litigation with an attorney of record, the court might not let him/her out of the case without another attorney ready to step in. you might have to file a pro se motion to have the judge let you represent yourself. you should call the family court staff in your county to see if there is such a packet available. if not, then the court rules/statutes/chancery practice books are available in the law library. good luck !

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Answered on 1/03/01, 5:58 pm


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