Protocols and Practices for Virtual New Jersey Divorce Proceedings

At this juncture in time, New Jersey family law courts continue to a good many hearings and proceedings virtually – by video or phone. This is a remnant of the COVID-19 Pandemic that judges have still found useful in New Jersey divorce proceedings. 

If your divorce or other family law case is scheduled for some type of proceeding to be held virtually, there are some protocols and practices that you need to understand and continue to bear in mind. Before we dive deeper into this discussion, you need to keep a key point well in mind throughout: Treat a virtual appearance exactly like an in-person one. Virtual New Jersey divorce proceedings carry the same legal effect as one conducted in person in a brick and mortar world courtroom.

Scheduling, Format, and Notice of Virtual Sessions in New Jersey Divorce Proceedings

Your notice from the court (or from your attorney) will specify whether a particular session will be in-person or virtual. Examples of New Jersey divorce proceedings that may be conducted virtually include:

Case management conference
Motion hearing
Settlement conference
Default hearing
Short uncontested divorce

 The court (or your divorce lawyer) will provide you with explicit instructions for participants in remote or virtual court sessions. Take the time to read those instructions or directives closely ahead of time. Make sure you keep the email or text with your meeting link handy.

Professional Decorum Absolutely Applies

New Jersey courts expect the same decorum in a virtually proceeding as is required in a brick and mortar world courtroom. This necessarily includes:

• Punctuality
• Appropriate attire
• Quiet setting
• Camera on when addressing the court
• Muting when you are not speaking
• Using your full name as your screen name 

Violations can result in a presiding judge removing you from a virtual court session in your divorce or other family law case. 

Technology Basics and Making a Clear Record

Virtual hearings are recorded, so clarity during a session is vital:

• Make certain that you do log in early to test your connection
• Always use a stable internet source
• Keep your device plugged in
• Speak slowly
• Identify yourself each time you begin to talk (so the court reporter and recording capture who is speaking) 
• If you need a private conversation with your attorney, ask the judge for what technically is known as a Zoom “breakout room,” or something similar depending on the technology being utilized in a specific virtual session.

Submitting Filings and Exhibits Electronically

At the present time, for judicial or court filings, New Jersey maintains two main electronic portals:

• eCourts (primarily for attorneys) is the Judiciary’s e-filing and case-management system
• JEDS (Judiciary Electronic Document Submission) allows self-represented litigants to submit documents online 24/7; staff process them during business hours. If eCourts is not available for a case type, attorneys may also use JEDS

If you rely on documents, photos, or messages at the hearing, use the Judiciary’s electronic evidence submission tool. The court reviews submissions during normal hours. Therefore, do not wait until the last minute. 

What Happens During a Typical Virtual Event

A number of different types of family law court proceedings are now typically handled in a virtual setting. These include:

• Case management and settlement conferences
• Motion hearings
• Uncontested divorces (simpler cases)

Emergencies and Time-Sensitive Relief in a Virtual Environment

Even in a virtual environment like that oftentimes utilized today, true emergencies (for example, immediate safety risks to a child) are handled through what many times are referred to as emergent applications. If you believe your issue is a true emergency, follow the posted procedures and submit the required certifications. After that, you need to be prepared to appear virtually on short notice. 

In the final analysis, virtual proceedings in New Jersey courts are here to stay. With this duly noted, always follow the specific instructions in your notice of hearing you receive from your New Jersey divorce lawyer or from the court. Moreover, make sure you obtain answers to any questions you might have about the process well in advance of the scheduled virtual court hearing or proceeding. Your lawyer will be available to guide you through the process to make certain that all goes as smoothly as possible. If you have questions concerning a New Jersey divorce, call the Law Offices of Peter Van Aulen at (201) 845-7400 for a free consultation.