Divorce In NJ: Understanding the Process
By Peter Van Aulen, Esq.The Filing of the Complaint and Answer in a NJ Divorce
A party that files a complaint for Divorce is called the Plaintiff in a divorce in NJ. 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. The Defendant can file an Answer, Answer and Counterclaim, or Notice of Appearance.The Filing of the Case Information Statement in a New Jersey Divorce
The parties' New Jersey divorce lawyers 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 divorce case. It is used to determine temporary and final support issues. It is also used in dividing the parties’ assets.Pretrial Motions and Divorce in New Jersey
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 NJ Divorce
The Court holds a Case Management Conference. The parties and their New Jersey divorce lawyers are requried 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.Early Settlement Panel in a Divorce in NJ
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 NJ
If the parties fail to resolve the case at the Settlement Panel, then the Court will order the parties to economic mediation. The parties’ NJ 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.Settlement Conference and Trial in a NJ Divorce
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 comprehensive in office consultation with a New Jersey divorce lawyer.
- 10 Things not to do in a Divorce
- 7 Signs it may be Time to get a Divorce or Separation
- Are You Ready to say Goodbye? 3 Things You Need to Know Before You get a Divorce
- Award of Award of Legal Fees in a New Jersey Divorce
- Case Information Statements in New Jersey Divorce Actions
- Causes of Action for Divorce in New Jersey
- Changing Your Name in a New Jersey Divorce
- Dealing with a Divorce in NJ: 3 Tips for Staying Sane
- Discovery Process in a New Jersey Divorce
- Divorce 101: Here's What You Need to Know About Child Custody Laws
- Divorce and Bankruptcy in NJ
- Divorce and Death in NJ
- Divorce Advice for Men: Information You Need to Know
- Divorce Advice for Women: Information You Need to Know
- Divorce From Bed and Board in New Jersey
- Divorce in NJ: Documents That are Filed
- Divorce Mediation
- Divorce vs. Annulment in NJ and Other States
- Divorce With a Child With Special Needs in NJ
- Divorcing a Narcissist: A Lawyer’s Perspective
- Do I Have to Move out of the House During a NJ Divorce?
- Failure to Disclose Assets in a Divorce in New Jersey
- Grey Divorce in NJ
- Health Insurance and Divorce in NJ
- High Net Worth Divorce in NJ
- How Much Does a Divorce Cost in New Jersey?
- How to Act With Your Children in a Divorce
- How to Choose a New Jersey Divorce Lawyer
- How to Divorce a Missing Spouse in New Jersey and Other States
- How to Select a Bergen County Divorce Lawyer
- Important Things to Know Going Through a Divorce in New Jersey
- Is There a Legal Separation in NJ?
- Key Questions to ask a New Jersey Divorce Attorney During an Initial Consultation
- Life After Divorce: A Post-Divorce Checklist
- Making the Most out of a Divorce Lawyer's Free Consultation
- Military Divorce in NJ
- Motion for Pendente Lite (Temporary) Relief in a New Jersey Divorce Proceeding
- NJ Court Recognizing a Foreign Divorce
- NJ Divorce and Immigrant Status
- NJ Divorce and the Residency Requirement
- NJ Divorce: Letting go With Grace
- NJ Divorce Mediation
- Peter Van Aulen: Family Law Attorney NJ
- Pets in a New Jersey Divorce or Separation
- Premarital Property and Equitable Distribution in a New Jersey Divorce
- Preparing for Divorce - A Survival Guide
- Questions to ask Divorce Lawyers in NJ Before Hiring
- Settlement or Trial of a NJ Divorce
- Six Ways to Take Care of Yourself During a NJ Divorce
- Social Media and Divorce in NJ
- Tax Considerations in Divorce
- Three Tips to Make Divorce in NJ Easier
- Understanding an Uncontested Divorce in NJ
- What is a Marital Tort Claim in a New Jersey Divorce?
- What is an Early Settlement Panel in a New Jersey Divorce?
- What to do After a Divorce in NJ
- What to Know About Divorce and Working With Your Divorce Attorney
- What You Need to Know About the NJ Divorce Process
- When is an Emergency Motion (Order to Show Cause) Allowed in a New Jersey Family Law Case?
- Who Claims Child After Separation or Divorce?
- Who Gets the House in a NJ Divorce?
- FAQs: Annulment in NJ
- FAQs: Case Information Statement in NJ
- FAQs: Divorce in NJ Part I
- FAQs: Divorce in NJ Part II
- FAQs: Divorce in NJ Part III
- FAQs: Divorce in NJ Part IV
- FAQs: Divorce in NJ Part V
- FAQs: Legal Separation in NJ or Bed and Board Divorce?
- FAQs: New Jersey Divorce Law
- New Jersey Family Law Part 3: Frequently Asked Questions About how Assets are Divided in a Divorce?
- New Jersey Family Law Part 4: Frequently Asked Miscellaneous Questions
- How to File a Divorce in NJ: The Nuts and Bolts