What Occurs in a New Jersey Divorce Trial: A Step-by-Step Guide  

Divorce trials in New Jersey can be legally complex and emotionally taxing. Unlike an uncontested divorce where couples agree on terms, a New Jersey divorce trial becomes necessary when spouses cannot resolve key issues such as asset division, child custody, or alimony. Understanding the process can help reduce anxiety and prepare individuals for what lies ahead when divorce proceedings are in the offing.  

This article breaks down a New Jersey divorce trial into seven key stages, which we discuss with you today. These states are:

1. Pre-Trial Procedures  
2. Opening Statements 
3. Presentation of Evidence  
4. Witness Testimony and Cross-Examination  
5. Closing Arguments  
6. Judge’s Deliberation and Decision  
7. Post-Trial Motions and Final Judgment

1. Pre-Trial Procedures 

Before a New Jersey divorce trial begins, several pre-trial steps must be completed. In fact, these are the same types of pre-trial procedures that occur in other New Jersey civil cases.

• Filing the Complaint: One spouse (the plaintiff) files a divorce complaint, and the other (the defendant) responds.  
• Discovery Process: Both parties exchange financial documents, including tax returns, bank statements, and property deeds. Depositions or interrogatories may also occur.  
• Pre-Trial Conferences: The judge may hold settlement conferences to encourage agreement. If unresolved, the case proceeds to trial.  
• Motions: Either party can file motions (e.g., temporary alimony, child support, or restraining orders) before trial.  

These steps ensure both sides have the necessary information and attempt to resolve disputes without a full trial, if that is at all possible.

2. Opening Statements  

Once the trial begins, both attorneys present what are known as opening statements. Opening statements are designed to outline the case ahead.  

Plaintiff’s attorney speaks first when it comes to opening statements. Legal counsel summarizes key arguments that include grounds for divorce, desired custody arrangements, asset division, and other anticipated issues. Defendant’s attorney follows and presents the defendant’s case or position in regard to the divorce trial. Unlike closing arguments, opening statements should not include evidence. Rather, they are designed to present a roadmap of what each side intends to prove during the course of a trial.

3. Presentation of Evidence  

Like all other types of trials, a New Jersey divorce trial relies on evidence to support claims made by a divorcing couple. Examples of evidence presented in a marriage dissolution trial includes but is not limited to:  

• Financial Documents (proof of income, debts, property valuations)  
• Texts and Emails (evidence of misconduct, if fault-based divorce)  
• Expert Testimony (forensic accountants, child psychologists)  
• Photographs/Videos (relevant to custody or asset disputes)  

The plaintiff presents their evidence first, followed by the defendant. The judge evaluates credibility and relevance before making rulings.  

4. Witness Testimony and Cross-Examination  

Witnesses play a crucial role in Garden State divorce trials. Common types of witnesses include:

• Spouses: Both parties may testify about finances, parenting roles, or marital misconduct.  
• Experts: Appraisers, psychologists, or career coaches may provide specialized insight.  
• Third Parties: Friends, family, or employers might testify about behavior or financial matters.  

After direct examination, the opposing attorney **cross-examines** the witness to challenge their statements. The judge assesses credibility based on consistency and demeanor of witnesses who testify at a divorce trial.  

5. Closing Arguments  

After all evidence is presented, each attorney delivers a closing argument. Closing arguments are designed to explain why the judge should rule in favor or a particular party to the proceedings. Closing arguments can include:

• Highlights of key evidence and legal precedents 
• Content designed to rebut the other side’s claims 

Keep in mind that no new evidence is introduced at this stage. Closing arguments aim to persuade the judge before court deliberations begin.  

6. Judge’s Deliberation and Decision  

Nearly always, New Jersey judges (not juries) decide divorce cases. The judge reviews and makes decisions about a variety of matters that include but are not limited to:

• Equitable Distribution: How assets and debts are divided (not always 50/50).  
• Alimony: Whether one spouse needs financial support and for how long.  
• Child Custody and Support: Parenting time and financial responsibility based on the child’s best interests.  

The judge may issue a ruling immediately or take additional time to finalize a written decision.  

7. Post-Trial Motions and Final Judgment  

Even after the trial, there can be additional steps that are part of the overall divorce proceedings. These include:  

Appeals: If a party believes the judge made a legal error, they can appeal within 45 days.  
Enforcement: If one spouse disobeys the order, the other may file a motion for enforcement.  
Modifications: Future changes (e.g., alimony or custody) may be requested if circumstances change.

Once all issues are resolved, the court issues a Final Judgment of Divorce, legally ending the marriage and resolving all issues before the court.  

Conclusion and Summary

A New Jersey divorce trial follows a structured legal process, from pre-trial preparations to the judge’s final ruling. While trials can be lengthy and stressful, understanding each phase helps spouses prepare effectively. Consulting an experienced divorce attorney is crucial to navigating evidence, witness testimony, and legal arguments successfully.  If you have questions concerning a divorce in New Jersey call the Law Offices of Peter Van Aulen today at (201) 845-7400 for a free consultation.