ROAD MAP THROUGH THE
NEW JERSEY DIVORCE PROCESS
If you are contemplating a divorce, you may be concerned about the process and unsure of what to expect. This article will help clarify the NJ divorce laws and the process from the initial stage of filing your complaint for divorce all the way to trial (provided your matter is not able to be amicably resolved). It is important to remember that because all matters have their own unique circumstances and facts, your divorce case may cause you and your New Jersey divorce attorney to deviate from the stages listed below.
Complaint For Divorce
The typical divorce case begins with an NJ divorce form known as the complaint for divorce. The complaint for divorce is basically one party’s request for the court to grant a judgment of divorce as per the NJ divorce laws. The complaint package will include:
- The selected grounds for divorce, such as irreconcilable differences, adultery, separation, desertion or extreme cruelty.
- An affidavit of insurance coverage form, which identifies your existing insurances such as life, medical, automobile and homeowners insurance.
- A confidential litigant information sheet which is an NJ divorce form that provides the court with various personal identifying characteristics about you including your date of birth, place of birth, social security number, driver’s license number, age, gender, height, weight and eye and hair color. This information is then entered on to a highly secure database at the courthouse during the divorce process.
Case Management
When the complaint for divorce is filed with the court, your matter will be assigned a docket number. After receiving a docket number, the other party will be served with the complaint for divorce papers. Thereafter, the judge will set a date for a case management conference. In most counties, this is the first opportunity for the judge to meet the parties, assess the issues of the case, fix deadlines for the exchange of documents and determine if experts will be required.
Discovery
Discovery is the process by which the parties will exchange necessary information. For instance, if one spouse handles the financial matters of the family, then he or she will likely be best equipped to produce bank and credit card statements, a listing of assets, business records, real estate documents, etc. In addition to exchanging physical documents, interrogatories (written questions) may be served, and both parties will be expected to complete an NJ divorce form commonly referred to as the case information statement. This legal document will itemize their incomes, monthly budgets, assets and liabilities. Depositions may also occur. A deposition is the process by which a party is questioned under oath about certain topics in an informal setting such as the lawyer’s conference room. However, even though the environment may be less formal, the testimony is recorded and a transcript can be made available for use at a later time in the court proceedings.
Early Settlement Panel
During the discovery phase of the case, your New Jersey divorce attorney should be participating in settlement discussions to resolve the case. If the case is not settled by a certain date fixed by the court (generally several months after the case begins) then you will be required to appear before the early settlement panel (ESP) with your lawyer. Your New Jersey divorce attorney will submit a position paper for settlement to the panelists for their review before you appear at the ESP. The panel is generally comprised of two or three New Jersey divorce attorneys who have volunteered their time. Your lawyer will present your position in person to the panel as will your spouse’s lawyer. The panel will then discuss your issues and will provide recommendations on how a settlement may best be crafted given NJ divorce laws. If you and your spouse accept the panel’s recommendations on the day of your early settlement panel, then a judge can grant you a final divorce before you leave the courthouse. If you do not settle, your divorce case will proceed onto the next stage.
Economic Mediation
If you do not resolve your issues at the early settlement panel, before you leave the courthouse, you will be required to select an economic mediator. This mediator is generally a family lawyer who has volunteered 2 hours of their time to help you resolve your matter. Within one month of the ESP date, a meeting will take place at the mediator’s office with all counsel and parties to be present. The economic mediator will generally have reviewed your ESP statements in advance of your meeting. If this mediation session results in a settlement, you may ask the court to schedule a date to put the divorce on the record. Also, if you wish to continue with the economic mediator past the 2 free hours, you certainly can do so. However, NJ divorce laws require that you and your spouse would need to pay the economic mediator at their agreed upon hourly rate.
Intensive Settlement Conference
If your matter does not resolve after the economic mediation phase then the court will ask both parties and their lawyers to return to court for an all-day settlement conference. These discussions will often take place in the hallway of the courthouse or in a conference room. From time to time, if the judge is available, they will participate throughout the day to help provide feedback and guidance.
Trial
Presuming your divorce case does not resolve at the intensive settlement conference, a trial date will be set. At the trial, the court will hear testimony from parties, experts and other witnesses and the judge will ultimately make a final decision on the issues in your divorce matter. Barring any appeals of the decision, your divorce will be finalized.
Contact us today for your FREE INITIAL CONSULTATION and learn why our clients refer their most beloved friends and family to our New Jersey divorce and family law firm so we can help them with their family law issues.
Our partner, Bari Zell Weinberger, is certified by the Supreme Court of NJ as a Matrimonial Law Attorney. This Certification is achieved by only 2% of the attorneys in New Jersey.
