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Understanding the Steps of a Divorce in New Jersey

By Peter Van Aulen, Esq.

The Filing of the Complaint and Answer in a New Jersey Divorce

A party that files a complaint for Divorce in New Jersey is called the Plaintiff. The Plaintiff then has the Complaint served on the other spouse who is called the Defendant. The Defendant will have 35 days after they have been served to answer the Complaint. In New Jersey the Defendant can file an Answer, Answer and Counterclaim, or Notice of Appearance.


FAQ: What does service of a New Jersey divorce complaint mean?


Service of a New Jersey divorce complaint means the official delivery of that document and what is called a summons to the defendant in the proceedings. The summons itself is a companion legal document that provides essential information about the pending proceedings and a deadline by which the defendant must respond to the complaint.
The preferable method of officially delivering a New Jersey divorce complaint (and summons) is via what is known as personal service. Personal service involves a sheriff’s officer or a process server hand delivering the divorce paperwork to the defendant. If diligent efforts are made and the defendant cannot be located, publication service by posting a notice of common circulation in the jurisdiction where the case is filed can be utilized.

The Filing of the Case Information Statement in a Divorce Filed in New Jersey

The parties are required to file Case Information Statements. Case Information Statements are documents in which each party states their income, expenses, debts, and assets. This is one of the most important documents filed in a pending divorce in New Jersey. It is used to determine temporary and final support issues. It is also used in dividing the parties’ assets.


FAQ: What does it mean that a Case Information Statement is filed “under oath?”


Filing a Case Information Statement under oath – as required by New Jersey law – means that the party filing the document swears that the information in the Statement is true and correct to the best of that individual’s knowledge and belief. The Case Information Statement is filed under penalty of perjury. In the event that false information is included in the document, the party filing that document with the court can face penalties for perjury, which can be significant.

Pretrial Motions in NJ

The parties have the right to file Prejudgment Motions after the Complaint has been filed. Pretrial Motions can request that the court order one party to pay pendent lite (temporary) child and spousal support. Said motions can also award temporary custody of the children and establish a temporary parenting time schedule. Pretrial support and custody orders are in effect until the Judge enters a Final Judgment or the Judge enters an order terminating or modifying the same.

Case Management Conference and Discovery in a New Jersey Divorce

The Court holds a Case Management Conference. The parties and their divorce lawyers are required to attend. This is a scheduling Hearing where the Judge will set a discovery period. A discovery period is a time when the parties exchange information needed to resolve the case. The Court will set dates for the parties to serve and answer interrogatories, produce documents, and have real estate and personal property appraised. The Court can order and set dates for evaluations of parties and children when custody or visitation is an issue. Also, if custody or visitation is at issue the Court will order the parties to custody/visitation mediation in an attempt to resolve these disputes.

New Jersey Divorce Court and the Early Settlement Panel

The Court will order the parties’ lawyers to present their case to a Settlement Panel after the discovery period has ended. A Settlement Panel consists of two or three experienced matrimonial attorneys who volunteer their time to hear the parties’ case. A Settlement Panel only assists the parties in resolving their financial issues. A Settlement Panel does not assist the parties in settling any dispute in regard to custody or visitation. Custody and visitation mediation mentioned above is designed to attempt to resolve those disputes. The Settlement Panel will give a nonbinding recommendation on how to settle the case after reviewing the settlement proposals presented by the parties’ attorneys.

Mediation and Divorce in New Jersey

If the parties fail to resolve the case at the Settlement Panel, then the Court will order the parties to economic mediation. The parties’ divorce attorneys will choose a mediator from a Court-approved list. This mediator will provide two hours of their time without charge. If the parties go beyond said two hours they must pay the mediator according to their hourly rate.


FAQ: Does mediation make a divorce case last longer, considering it seems to be an “extra step” in the process?


That is an understandable question. The reality is that more often than not, conducting a mediation as part of a divorce case speeds up rather than slows down the process. This is because mediation oftentimes proves a successful avenue through which a divorce case can be settled short of going to a trial.

New Jersey Settlement Conference and Trial

Most likely there will be a mandatory settlement conference with the Family Law Division Judge before the trial date. If you do not settle then there will be a Trial before a Judge if the parties fail to settle their case. The Judge will require the parties’ attorneys to prepare and submit to the court legal briefs outlining all arguments. At the end of the trial the Judge will enter a Judgment of Divorce in regard to custody, visitation, division of assets, child support and alimony. Please note that at any time in the above said process the parties can enter a Final Settlement Agreement resolving all issues in dispute. If they do the same their attorney’s will contact the court and schedule a date to put through the settled divorce. Call our office today at 201-845-7400 to schedule a free initial consultation with a New Jersey divorce lawyer.


FAQ: I’m not thrilled for the world to know the ins and outs of my married life. Because of that, can members of the public come to my divorce trial?


Generally speaking, divorce trials – as most judicial proceedings in the United States – technically are open to the public. Public legal proceedings, including civil trials of all types, are fundamental to our system of justice. Having said that, the likelihood of anyone attending your divorce trial is slim to none.


FAQ: Will my children be called as witnesses at my divorce trial?


Generally, no. If a judge in a divorce proceeding wants to obtain a child’s thoughts on something like custody or parenting time, he or she may conduct a question and answer session in the privacy of his or her chambers (or office).

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