Plenary Hearings in NJ Family Court Cases
Our Lawyers Skillfully Handle Plenary Hearings for Clients in Wall, Colts Neck, Point Pleasant, Beach Haven, and Ocean and Monmouth County Areas
There is a saying that goes, “There are three sides to one story: His side, her side, and the truth.” Even in the most subdued divorce proceedings, disagreement will sometimes occur. The court uses a plenary hearing to dig deeper into the points of contention in a divorce, such as equitable distribution of assets and debts, child support, alimony, and others. Both sides must give testimony and present the necessary evidence to support the court’s request for clarification.
Our family lawyers at Bronzino Law Firm, LLC will carefully review your case and give you the guidance and help you need to get ready for your plenary hearing. Having the assistance of a skilled family attorney will make a difference in the outcome of your case before the judge, thus avoiding an unexpected turn of events in your process.
Get in touch with us and find out how we can stand by your side before, during, and after your family court plenary hearing, starting with a free initial consultation. Reach out to our firm today by calling (732) 812-3102 or filling out our online form. Our office staff and our team of family law attorneys serve clients in Wall, Neptune, Stafford, Ship Bottom, Jackson, Lacey, Manasquan, and other towns throughout Monmouth and Ocean County, NJ.
Scope of a Plenary Hearing in New Jersey
A plenary hearing is like a trial. The court uses it to further investigate matters before making a ruling. Both spouses will testify, as will any witnesses they offer to make their argument. Plenary hearings are essential because they give the court an in-depth look at the situation.
Specific Situations That Require a Plenary Hearing
When there is a disagreement of fact or a challenge of credibility, a plenary hearing is used to clarify the information needed to decide that it is as fair as possible. Divorce trials have severe repercussions for everyone involved, and no stone must be left unturned. Negotiation of assets is frequently stalled due to either side’s miscalculation regarding an asset’s actual worth. A plenary hearing is used to examine the conflict and find a fair solution fully.
For example, there is a disagreement regarding the value of Uncle Bartholomew’s watch collection that was given as a wedding present. Neither spouse is prepared to give it up, so a deal must be assigned to it to be listed as an asset which will later be distributed between them. The husband, Archibald, swears it isn’t worth more than $1,000, while his wife, Penelope, is sure it is worth 100 times that amount. Each side must prove how much it is worth for its value to be fairly distributed. Possible witnesses could include other relatives who are knowledgeable about the collection, watch experts, and any paperwork or receipts that reflect the collection’s value.
For Whom Is a Plenary Hearing Necessary?
Usually, a plenary hearing is held in response to a motion made by either party, and it can range from child support to child custody or the division of assets and debts. It can take place during or after the end of the divorce. Frequently, a judge will only require further documentation. However, there are times when additional support through testimony is needed.
Galente v. Galente: Lessons We Can Learn From This Case
In March 2015, post-divorce, a husband seeks relief from his alimony and child support payments because his financial status has changed. He requests a modification of the MSA (marital settlement agreement), and in his motion, he also asks for a plenary hearing to disclose the details of his financial circumstances. The trial judge denied both requests made by the husband for the entire hearing and the modification of his financial obligations for alimony and child support. Mr. Galente chose to take his case to the New Jersey Appellate Division, where his appeal was granted because the trial judge should have ordered a plenary hearing before deciding on the matter.
How a Family Lawyer Can Help You Plan for a Plenary Hearing
Many people consider a plenary hearing a “mini-trial” and less important than the main event, but nothing could be further from the truth. The success of your entire hearing could have an enormous impact on your divorce decision. You need a divorce attorney to help you prepare for your plenary hearing.
The attorneys from The Bronzino Law Firm will prepare you and any of your witnesses for testimony. They will pose the questions you will be asked and allow you to get comfortable with the interview process. When our clients are often nervous, they forget what they want to say, which could affect the outcome. We will give you the confidence you need to testify in court.
As it is vital that your financial documents be plentiful and carefully organized, we will list everything you need, such as bank statements, tax returns, property documents, credit card statements, etc. We will analyze all the financial material to prepare a better picture for your hearing. Also, we will include any unusual expenditures such as fancy vacations or outrageous spending on the part of your former spouse.
If child support is an issue, we will help you gather school and counseling records and other documents and photos which prove the amount of child custody each parent exercises. The more evidence we can provide, the better we can support that your child spends most of their time with you.
Contact Our Long Branch Attorneys to Prepare for Your Plenary Hearing
We can prepare you for a plenary hearing and any divorce or family law proceeding regarding issues such as the modification of alimony or child support. Perhaps the income of one or both spouses has changed. Illness, remarriage, unemployment, or other factors can change the ability to pay or the need for an increase in support. A request in child custody time could also accompany a change in child support. Our talented lawyers are ready to stand up for your rights as a parent, spouse, and former spouse in Berkeley, Red Bank, Rumson, Ocean Township, Lavallette, Bay Head, Monmouth Beach, and communities across Monmouth and Ocean County.
The Bronzino Law Firm is ready to prepare you for your plenary hearing to ensure every detail has been accounted for. Call today at (732) 812-3102 for more information.