Divorce 101: The New Jersey Divorce Process Explained

How do I start my divorce? &

What should I expect?

DIVORCE 101The New Jersey Divorce Process

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Presented by:

Divorce & Family Lawyers in New Jersey

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DIVORCE 101: DISCLAIMER• This presentation contains general information and does not

constitute legal advice.

• Be sure to direct specific questions about your own situation to an attorney.

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Sections

Divorce 101: The New Jersey Divorce Process

1. Stage One: Beginning the Divorce Process2. Stage Two & Three: Case Management and Discovery3. Stage Four & Five: Early Settlement Panel and Economic

Mediation4. Stage Six & Seven: Intensive Settlement Conference and

Trial5. Post-Divorce Considerations

Questions & Additional Help

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Divorce 101The New Jersey Divorce Process

Divorce 101: The New Jersey Divorce Process

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Stage One: Beginning the Divorce ProcessThe typical New Jersey divorce begins when one spouse files a

complaint for divorce:

The “complaint” is legal paperwork that you or your attorney give to the courts to start your divorce process.

It states grounds for divorce, either no-fault (such as irreconcilable differences), or fault (such as infidelity).

It must be filed in family court, together with supporting forms.

FOR A COMPLETE DESCRIPTION OF STAGE ONE, DOWNLOAD OUR PDF:

Stage 1: Beginning the Divorce Processwww.wlg.com/divorce-roadmap

Divorce 101 1. Stage One: The New Jersey Divorce Process

http://www.weinbergerlawgroup.com/assets/files/beginning-the-divorce-process-stage1.pdf

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Q: Do I have to prove that my spouse did something wrong to get a divorce?

A: No. New Jersey permits a no-fault divorce.

Irreconcilable differences is the most common type of no-fault divorce in New Jersey.

Defined, generally, as the existence of significant differences between a married couple causing the breakdown of the marriage and for a period of at least six months, with no reasonable chance of reconciliation.


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A Note about Private Divorce Mediation If you and your spouse can come to an agreement, consider

private divorce mediation as a way to resolve your case.

One of you will still need to file for divorce, but some divorcing couples choose to attend mediation first. Mediation can reduce costs.

A divorce mediator does not represent either party, each of you may still need separate attorneys, unless you choose to represent yourselves.

For more information, see our companion slideshow: Divorce Mediation 101.


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COMPLAINT: Paperwork that states facts and grounds for divorce.

• Spouse filing the complaint becomes the “plaintiff.”

• Plaintiff receives the filed paperwork (complaint) back from the court.

• The plaintiff then serves spouse with summons and complaint within 10 days.

• Plaintiff files proof of service, to say that paperwork has been served.

RESPONSE: Appearance, Answer and/or Counterclaim.

• Responding spouse becomes the “defendant”.

• Upon receipt of the complaint and summons, the defendant has 35 days to file an appearance or answer, which may include a counterclaim.

Initial Divorce PapersDivorce 101 1. Stage One: The New Jersey Divorce Process

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A Special Case: Default Judgments

• If no response to initial complaint within 35 days, the plaintiff can seek a default judgment.

Example: You can’t locate your spouse.

• This can also be an intentional strategy, by agreement, as a route to uncontested divorce.


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Stage Two & Three: Case Management

and DiscoveryWithin 30 days of the last date for filing an answer to the complaint (or to defendant’s counterclaim, if any) the court will schedule a case management conference (CMC) to:

Fix deadlines for completion of discovery based on the number and type of issues in your case, and

Determine if any expert reports will be necessary for trial (e.g. child custody expert).

FOR A COMPLETE DESCRIPTION OF STAGES TWO AND THREE, DOWNLOAD OUR PDF:

Stages 2 and 3: Case Management and Discoverywww.wlg.com/divorce-roadmap

Discovery: This is the effort to discover facts relevant to the divorce case through requests for documents and information about things such as earnings, monthly budgets, assets, debts, etc.

Divorce 101 2. Stage Two/Three: The New Jersey Divorce Process

http://www.weinbergerlawgroup.com/assets/files/divorce-stages-2-3-case-management-and-discovery.pdf

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A note about Temporary Motions

Do you need immediate help from the court?You can file a pendente lite motion for temporary relief at any time during your case. This could be

for:

Financial Support

• Temporary Spousal Support• Temporary Child Support

Parenting

Schedule• Temporary orders for custody

and visitation (parenting time)


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Do you have a custody or parenting time dispute?The court will send most cases involving custody or parenting

time issues to court-mandated parenting mediation.

All cases involving parenting disputes are assigned to the priority track at the case management conference (CMC).The judge will set a hearing date within six months of the

answer to the complaint or the counterclaim.


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Parents Propose Parenting Schedules

Court-Ordered Mediation for Disputes

Court-Ordered Parenting Classes

The court will require you to try to settle your parenting issues:


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Q. What if you can’t resolve your parenting issues through negotiation or mediation?

A. The court will want an expert opinion.


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Custody Investigations & EvaluationsFamily Division Investigations

The judge can order a social investigation and “best interests of the child” report

May include home inspections for shared parenting time

May also include psychological, psychiatric, parental functioning assessments or mental health evaluations if necessary

The judge can also interview the child in chambers

Private Custody Evaluations Parents can jointly hire a

mental health expert to conduct the investigation and prepare the report, or

Parents can each hire their own expert

Child custody evaluators must be neutral and follow uniform standards, regardless of who hires them


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Dividing assets and debts Alimony (spousal support) Child support

You may also need financial experts at trial if you are unable to settle your property or support issues:

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A few examples of financial experts:

Financial Advisor

Forensic Accountant

Real Estate Appraiser

Business Appraiser

Pension Appraiser/Actuary

Vocational Expert


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What is Discovery?

• Parties file and exchange Case Information Statements (CIS) containing detailed information

• The court sets guidelines for additional “discovery” – a formal exchange of necessary information– at the Case Management Conference


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What does the Case Information Statement (CIS) include?

Financial

Inventory

Assets

Expenses

Debts

Income


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Additional discovery in a divorce case often includes:

Document Demands: Either party may ask the other for relevant documents, such as credit card statements, deeds, other title documents, business records, etc.

Interrogatories: Either party may send formal written questions to the other asking for information necessary to resolve the case.

Depositions: Either party may ask the other party, or other witnesses in the case, to give testimony outside of court that will be transcribed by a court reporter.


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Stage Four & Five: Early Settlement Panel and Economic MediationTrials are expensive and burdensome for both the parties and the courts. New Jersey courts require most divorcing couples to participate in a series of court-mandated settlement efforts before going to trial:

FOR A COMPLETE DESCRIPTION OF STAGES FOUR AND FIVE, DOWNLOAD OUR PDF:

Stages 4 and 5: Early Settlement and Economic Mediationwww.wlg.com/divorce-roadmap

Settlement Negotiations

Early Settlement

Panel (ESP)

Economic Mediation

Divorce 101 3. Stage Four/Five: The New Jersey Divorce Process

http://www.weinbergerlawgroup.com/assets/files/divorce-stages-4-5-early-settlement-economic-mediation.pdf



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What is the Early Settlement Panel?

Two or three experienced volunteer family law attorneys review your issues and provide recommendations for resolution.

If both of you decide to accept the panel's recommendations, you can go immediately to court to put your settlement terms on the record.

A judge will grant your New Jersey divorce before you leave

the courthouse that very day.


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Settlement Negotiations

Early Settlement

Panel (ESP) Economic Mediation

What is Economic Mediation?

If you do not resolve your financial issues after presenting your case to the early settlement panel, the court will require you to choose an economic mediator to help you reach an agreement.


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Stage Six & Seven: Intensive Settlement Conference and Trial

If you still cannot settle your financial issues after economic mediation, the court will ask you and your attorneys to attend an all-day settlement conference in a final attempt to avoid a trial.

FOR A COMPLETE DESCRIPTION OF STAGES SIX AND SEVEN, DOWNLOAD OUR PDF:

Stages 6 and 7: Intensive Settlement Conference and Trial www.wlg.com/divorce-roadmap

Divorce 101 4. Stage Six/Seven: The New Jersey Divorce Process

http://www.weinbergerlawgroup.com/assets/files/divorce-stages-6-7-intensive-settlement-conference-and-trial.pdf




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What happens if my divorce goes to Trial?

If your case goes to trial, a family court judge will review evidence and hear testimony from you, your spouse, your experts, and any other witnesses, before ultimately making a final decision on all unresolved issues.

Barring any appeals of the judge’s decision, you will have a judgment of divorce with final orders.


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The New Jersey Divorce Process: Post-Divorce Motions for Enforcement

The majority of post-divorce issues occur when one party fails to carry out the terms of the final orders in the case.

You can file a “motion to enforce litigants’ rights” asking the court to enforce existing orders for child custody, visitation, child support or spousal support.

Divorce 101 5. Post Divorce: The New Jersey Divorce Process

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Post Divorce Modifications

Child custody and child support orders can be modified until children are emancipated (deemed to be independent).

Most alimony orders also remain modifiable under certain conditions.

All modifications require a substantial change in circumstances.

Divorce 101 5. Post Divorce: The New Jersey Divorce Process

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Do you have your own or other questions?

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(888) 888-0919

Divorce 101 Questions? Can We Help?

Email us: [email protected]

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The process and information contained in this presentation pertains to New Jersey Divorce Law.This presentation is for information purposes only and does not constitute legal advice.

For guidance on your specific situation, please contact a divorce attorney.

(888) 888-0919

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Divorce 101 Questions? Can We Help?

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Divorce 101: The New Jersey Divorce Process Explained

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