OUR FEES

Like all experienced attorneys Cathy J. Pollak, Esq. charges an hourly fee for her firm’s legal services – work that includes advice, support and administration, case preparation, all communications, both formal and informal, depositions and discovery, and court appearances, among others. Most cases require that a retainer fee be provided before the case is initiated.

In matrimonial law matters, the hourly rate is established at the time of the attorney’s retention. Ms. Pollak’s firm will bill by the quarter hour, to reflect a more precise amount of time spent on your case. The firm will require a retainer in nearly all cases against which you will be billed periodically, and you will be requested to maintain that balance in the firm’s business account.

Through this billing process, you will have frequent and timely disclosures of the costs being incurred for the work being done and the ability to remain aware of the expenses being incurred.

Some costs are charged in your case. Delivery charges, photocopying, and some postage charges will be included on your invoice. You will be requested to pay third parties, such as process servers, court reporters, and others directly. The exact terms of all billing will be explained in a written fee agreement.

In some cases related to real estate matters and Wills and Trusts, a flat rate for all services may be charged, paid generally at the time in which services are completed. This flat rate is also communicated, and agreed to in writing, at the time services begin.

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FREQUENTLY ASKED QUESTIONS

What are “grounds for divorce” in New Jersey?

Marriage, divorce, and related matters are governed by state law. The New Jersey legislature established grounds for divorce by statute and can change these grounds. Many other states provide for divorce on grounds of "incompatability," "irreconcilable differences," or "breakdown of marriage." Many others still require that there be alleged and provided an act of "fault" or that the parties have lived separate for a certain length of time.

In the State of New Jersey, a Complaint for Divorce must allege one of the following grounds, and without one of these the Court is not authorized to grant a divorce:

1. Adultery
2. Desertion
3. Extreme Cruelty
4. No Fault Separation
 (living separate and apart for 18 months in different homes)
5. Habitual Drug Addiction
6. Habitual Drunkenness
7. Institutionalization for Mental Illness
8. Imprisonment
9. Deviant Sexual Conduct
10. Irreconciliable Differences (As of January 2007)

Whatever ground for divorce a party relies on, it will have to be proved. The exact type and amount of evidence necessary to prove a certain ground is established by prior cases, which your lawyer makes it his or her business to know. In this State, there must, at some point, be a hearing at which it is possible that at least one witness besides yourself will have to testify about the allegations.

You will be asked to provide Ms. Pollak with certain relevant information on a confidential questionnaire from which she will get the necessary facts for preparing and filing legal documents, preparing a complaint if you are suing or an answer and/or counterclaim if you have been sued with the Court.

What happens if I file (or my spouse files) for divorce?

Once a divorce petition is filed or answered, it is often up to one year before the Court hears the case as a contested trial. Since each individual case may vary, this period could be longer ­ especially in the event of a contested divorce, complex property settlement, or disagreement over custody or support money.

After the initial "complaint" has been filed and served on the other party, if the other party intends to answer and/or file a counterclaim, he or she must do so within 35 days. Your spouse may accept service at the clerk's office to expedite the proceeding and avoid being served at work or home, or have an attorney accept service. After this period has gone by, and an Early Settlement Panel meeting has occurred, a hearing can be scheduled. After the hearing, it takes a number of weeks for the final decree to be signed by the Judge and to receive a final copy from the Court.

Cathy Pollak, Esq., will expeditiously handle your case and attend to your legal responsibilities. If your desires or circumstances change, Cathy Pollak, of course, cannot answer for any extra delay that this may cause. She will represent you and stand ready to advise you and to do what you instruct her to do, as long as it is within reason. Before any settlement is reached, Ms. Pollak will prepare documents which you must read and sign for filing with the Court and then her firm will notify you of the trial date as soon as we know it ­-- usually several weeks beforehand.

Do most cases settle before going to trial?

Yes. Many of the matters incidental to a divorce can be more expeditiously disposed of if they are settled between the parties and not contested in Court. The matters that are agreed on are set down in a contract signed by husband and wife, called a Property Settlement and Support Agreement. It can deal with property division, support money, custody and visitation, insurance and many other subjects. It will be adopted as part of the final divorce decree and the agreement will have the strength of a Court order, enforceable by contempt proceedings.

Even if we settle, does the court get involved? Yes. Property ownership and division of assets of a marriage are usually reviewed and formally agreed to at the final hearing. If the respective parties to a divorce can agree on division of properties, then this may be incorporated into a property settlement to be presented to the Court for incorporation in the divorce judgment.

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