Divorce 101: The New Jersey Divorce Process Explained

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Divorce 101 The New Jersey Divorce ProcessH O W D O I S TA R T M Y D I V O R C E & W H A T S H O U L D I E X P E C T ?

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DIVORCE 101

DISCLAIMER

This presentation contains general information and does not constitute legal advice.

Be sure to direct specific questions about your own situation to an attorney.

THE NEW JERSEY DIVORCE PROCESSDIVORCE 101: STAGE ONE: THE NEW JERSEY DIVORCE PROCESS

DIVORCE 101

The New Jersey divorce process

• Stage One: Beginning the Divorce Process

• Stage Two & Three: Case Management and Discovery

• Stage Four & Five: Early Settlement Panel and

Economic Mediation

• Stage Six & Seven: Intensive Settlement Conference

and Trial

• Post-Divorce Considerations

• Questions & Additional Help

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www.wlg.com/divorce-roadmap

FOR A COMPLETE DESCRIPTION OF STAGE ONE, DOWNLOAD OUR PDF:

Stage 1: Beginning the Divorce Process

DIVORCE 101: Stage One: The New Jersey Divorce Process

S ta ge O n e : B e g i n n i n g t h e D i vorc e Proc e s s

The typical New Jersey divorce begins when one spouse files a complaint for divorce:

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• The “complaint” is legal paperwork that you or your attorney give to the courts to start your divorce process.

• It states grounds for divorce, either no-fault (such as irreconcilable differences), or fault (such as infidelity).

• It must be filed in family court, together with supporting forms.


Q: Do I have to prove that my spouse did something wrong to get a divorce?

Irreconcilable differences is the most common type of no-fault divorce in New Jersey.

Defined, generally, as the existence of significant differencesbetween a married couple causing the breakdown of themarriage and for a period of at least six months, with noreasonable chance of reconciliation.

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A: No. New Jersey permits a no-fault divorce.


A Note a b ou t Pr i vate D i vorc eM e d i at i on

• If you and your spouse can come to an agreement,consider private divorce mediation as a way to resolveyour case.

• One of you will still need to file for divorce, but somedivorcing couples choose to attend mediation first.Mediation can reduce costs.

• A divorce mediator does not represent either party, eachof you may still need separate attorneys, unless youchoose to represent yourselves.

• For more information, see our companion slideshow:Divorce Mediation 101.

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Initial Divorce Papers

• Spouse filing the complaint becomes the “plaintiff.”

• Plaintiff receives the filed paperwork (complaint) back from the court.

• The plaintiff then serves spouse with summons and complaint within 10 days.

• Plaintiff files proof of service, to say that paperwork has been served.

COMPLAINT: Paperwork that states facts and grounds for divorce.

• Responding spouse becomes the “defendant”.

• Upon receipt of the complaint and summons, the defendant has 35 days to file an appearance or answer, which may include a counterclaim.

RESPONSE: Appearance, Answer and/or Counterclaim.


A S PEC I A L C A S E : D E FAULT JUD G M E NTS

• If no response to initial complaint within 35 days, theplaintiff can seek a default judgment.

Example: You can’t locate your spouse.

• This can also be an intentional strategy, by agreement, asa route to uncontested divorce.

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STAGE 1:

Beginning the Divorce Process

THE NEW JERSEY DIVORCE PROCESSDIVORCE 101: STAGE TWO/THREE: THE NEW JERSEY DIVORCE PROCESS


FOR A COMPLETE DESCRIPTION OF STAGES TWO AND THREE, DOWNLOAD OUR PDF:

Stages 2 and 3: Case Management and Discovery

DIVORCE 101: Stage Two/Three: The New Jersey Divorce Process

S ta ge Two & T h re e : C a s e M a n a ge me nt a n d D i s cove r y

Within 30 days of the last date for filing an answer to the complaint (or to defendant’s counterclaim, if any) the court will schedule a case management conference (CMC) to:

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• Fix deadlines for completion of discovery based on the number and type of issues in your case, and

• Determine if any expert reports will be necessary for trial (e.g. child custody expert).

Discovery: This is the effort to discover facts relevant to the divorce case through requests for documents and information aboutthings such as earnings, monthly budgets, assets, debts, etc.


A NOT E A B O UT T E M PO R A RY M OT I O NS

Do you need immediate help from the court?

You can file a pendente lite motion for temporary relief at any time during your case. This could be for:

Financial Support• Temporary Spousal Support

• Temporary Child Support

Parenting Schedule• Temporary orders for custody and visitation

(parenting time)

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The court will send most cases involving custody or parenting time issues to court-mandated parenting mediation.

All cases involving parenting disputes are assigned to the priority track at the case management conference (CMC).

The judge will set a hearing date within six months of the answer to the complaint or the counterclaim.

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Do you have a custody or

parenting t ime dispute?


• Court-Ordered Parenting Classes

• Parents Propose Parenting Schedules

• Court-Ordered Mediation for Disputes

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The court wil l require you to try

to sett le your parenting issues:


Q. What if you can’t resolve your parenting issues through negotiation or mediation?

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A. The court will want an expert opinion.


Custody Investigations & Evaluations

Family Division Investigations

• The judge can order a social investigation and “best interests of the child” report

• May include home inspections for shared parenting time

• May also include psychological, psychiatric, parental functioning assessments or mental health evaluations if necessary

• The judge can also interview the child in chambers

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Private Custody Evaluations

• Parents can jointly hire a mental health expert to conduct the investigation and prepare the report, or

• Parents can each hire their own expert

• Child custody evaluators must be neutral and follow uniform standards, regardless of who hires them

• Dividing assets and debts

DIVORCE 101 : 2. STAGE TWO/THREE:

The New Jersey Divorce Process

• Alimony (spousal support)

• Child support

You may also need financial experts at trial if you are unable to settle your property or support issues:


A F E W E X A M PL ES O F F I NA NC IAL E X PE RTS :

• Financial Advisor

• Forensic Accountant

• Real Estate Appraiser

• Business Appraiser

• Pension Appraiser/Actuary

• Vocational Expert

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W h at i s D i s cove r y?

• Parties file and exchange Case Information Statements (CIS) containing detailed information

• The court sets guidelines for additional “discovery” – a formal exchange of necessary information– at the Case Management Conference

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What does the Case Information Statement (CIS) include?

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FINANCIALINVENTORY

DEBTS

EXPENSESASSETS

INCOME

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Additional discovery in a divorce case often includes:

• Either party may ask the other for relevant documents, such as credit card statements, deeds, other title documents, business records, etc.

Document Demands

• Either party may send formal written questions to the other asking for information necessary to resolve the case.

Interrogatories:

• Either party may ask the other party, or other witnesses in the case, to give testimony outside of court that will be transcribed by a court reporter.

Depositions:

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STAGE 2 AND 3:

Case Management and Discovery

THE NEW JERSEY DIVORCE PROCESSDIVORCE 101: STAGE FOUR/FIVE: THE NEW JERSEY DIVORCE PROCESS



Stages 4 and 5: Early Settlement and Economic Mediation

DIVORCE 101: Stage Four/Five: The New Jersey Divorce Process

S t a ge Fo u r & F i ve : Ea r l y S e t t l e m e n t Pa n e l a n d Ec o n o m i c M e d i a t i o n

Trials are expensive and burdensome for both the parties and the courts. New Jersey courts require most divorcing couples to participate in a series of court-mandated settlement efforts before going to trial:

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• Settlement Negotiations

• Early Settlement Panel (ESP)

• Economic Mediation


What is the Early Settlement Panel?

• Two or three experienced volunteer family law attorneys review your issues and provide recommendations for resolution.

• If both of you decide to accept the panel's recommendations, you can go immediately to court to put your settlement terms on the record.

• A judge will grant your New Jersey divorce before you leave the courthouse that very day.

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What is Economic Mediation?

If you do not resolve your financial issues after presenting your case to the early settlement panel, the court will require you to choose an economic mediator to help you reach an agreement.

SETTLEMENT NEGOTIATIONS

EARLY SETTLEMENTPANEL (ESP)

ECONOMIC MEDIATION

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STAGE 4 AND 5:

Early Settlement and Economic Mediation

THE NEW JERSEY DIVORCE PROCESSDIVORCE 101: STAGE SIX/SEVEN: THE NEW JERSEY DIVORCE PROCESS



Stages 6 and 7: Intensive Settlement Conference and Trial

DIVORCE 101: Stage Six/Seven: The New Jersey Divorce Process

S t a ge S i x & S e ve n : I n t e n s i ve S e t t l e m e n t C o n fe re n c e a n d Tr i a l

If you still cannot settle your financial issues after economic mediation, the court will ask you and your attorneys to attend an all-day settlement conference in a final attempt to avoid a trial.

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What happens if my divorce goes to Trial?

• If your case goes to trial, a family court judge will review evidence and hear testimony from you, your spouse, your experts, and any other witnesses, before ultimately making a final decision on all unresolved issues.

• Barring any appeals of the judge’s decision, you will have a judgment of divorce with final orders.

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STAGE 6 AND 7:

Intensive Settlement Conference and Trial

THE NEW JERSEY DIVORCE PROCESSDIVORCE 101: POST DIVORCE: THE NEW JERSEY DIVORCE PROCESS


DIVORCE 101: Post Divorce: The New Jersey Divorce Process

T h e N e w J e rs e y D i vo rc e P ro c e s s :

Po st - D i vo rc e M o t i o n s fo r E n fo rc e m e n t

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• The majority of post-divorce issues occur when one party fails to carry out the terms of the final orders in thecase.

• You can file a “motion to enforce litigants’ rights” asking the court to enforce existing orders for child custody,visitation, child support or spousal support.

DIVORCE 101: Post Divorce: The New Jersey Divorce Process

Post D i vorc e M od i f i cat i on s

• Child custody and child support orders can be modified until children are emancipated (deemed to be independent).

• Most alimony orders also remain modifiable under certain conditions.

• All modifications require a substantial change in circumstances.

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Do you have other questions?

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WeinbergerLawGroup.com

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S C H E D U L E A F R E E C O N F I D E N T I A L L E G A L C O N S U LTAT I O NT O D I S C U S S Y O U R D I V O R C E I N N E W J E R S E Y

The process and information contained in this presentation pertains to New Jersey Divorce Law.

This presentation is for information purposes only and does not constitute legal advice.

For guidance on your specific situation, please contact a divorce attorney.

DIVORCE 101: Questions? Can We Help?