A New Jersey divorce whether contested or uncontested, often necessitates a detailed exchange of evidence between parting spouses. This evidence informs decisions related to a variety of matters that include:
What technically is known as the discovery process is governed by court rules and is designed to ensure full transparency in a New Jersey divorce. There are a number of categories of evidence commonly requested in New Jersey divorce cases which we discuss in this article.
Spouses typically are required to disclose comprehensive information about income. This includes documentation that can come in a variety of formats:
These documents are designed to help determine such matters as child support obligations and assess earning capacity going forward into the future.
Checking, savings, money market, and joint account statements are essential to determine available financial resources, spending habits, and hidden assets in a New Jersey marriage dissolution proceeding. Statements from the past one to three years are often requested to track financial patterns and any dissipation of marital assets.
Ownership documents, mortgage statements, property tax records, and appraisals for all real estate – residential or investment – are frequently sought. These documents assist in valuing and equitably distributing real property acquired during the marriage or owned individually. Keep in mind that real estate nearly always is the most significant asset in a divorce, particularly the marital residence or family home.
Retirement assets such as 401(k) plans, IRAs, pensions, and brokerage accounts are subject to equitable distribution during a New Jersey divorce. Parties must provide statements and benefit summaries, including any Qualified Domestic Relations Orders (QDROs) that may be necessary to divide such accounts.
Outstanding debts are also considered during asset division. They are divided in the same manner by utilizing the equitable division standard. Statements from credit cards, auto loans, personal loans, and home equity lines of credit (HELOCs) are commonly requested to understand liabilities and determine whether debts are marital or separate – and how they will be divided in marriage dissolution proceedings.
In order to properly assess alimony claims, evidence of the marital lifestyle is oftentimes required in a New Jersey marriage dissolution case. This may include records of vacations, luxury purchases, club memberships, and household expenses. Financial disclosures are used to compare the standard of living during marriage as well as potential post-divorce needs.
In cases involving children, both parties may request and require such documents as school records, medical records, extracurricular activity expenses, and communication logs. These materials can influence custody, parenting time arrangements, and child support calculations under the New Jersey Child Support Guidelines.
When one or both spouses own a business, divorce discovery may include corporate tax returns, ledgers, shareholder agreements, and valuation reports. What is known as a forensic accountant may be used to determine the business’s fair market value and assess if income is being underreported.
Emails, text messages, and social media posts can be relevant to issues. If it is a fault divorce proceeding, these documents may be needed to demonstrate infidelity. Other reasons electronic communications and social media may be relevant is if there are issues involving such things as parental fitness or financial misconduct. Courts may permit limited discovery of digital communications, subject to relevance and privacy concerns.
If a prenuptial or postnuptial agreement exists, it becomes a central piece of evidence. The requesting party may seek all drafts, final versions, and correspondence related to the agreement’s negotiation and execution to evaluate its enforceability under New Jersey law.
The scope of evidence in a New Jersey marriage dissolution case can be extensive and complex. This particularly is the reality in high-conflict or high-asset cases. Both parties are obligated to comply with discovery requests in good faith and disclose relevant information. Failure to do so can lead to sanctions or adverse rulings during the course of the proceedings. Retaining experienced legal counsel and maintaining organized records can significantly improve the divorce process and protect your interests. Call the Law Offices of Peter Van Aulen at (201) 845-7400 for a free divorce/family law consultation.