Divorce/ Family Law in New Jersey

The process of obtaining a Divorce or obtaining custody, child support or any other family law related matter can be overwhelming to individuals not familiar with the New Jersey family court system. It is important that you consult with an attorney from our office prior to undertaking this process regardless of whether you intend to retain an attorney or attempt to represent yourself (pro se).

Our attorneys offer free consultations related to family law issues, including Divorce. We guarantee following your consultation, you will be much more familiar with process and understand the best way to go about reaching your desired result.

In New Jersey, all Divorce actions (whether Contested or Uncontested) must commence with the filing of a Complaint for Divorce. The Complaint must allege specific grounds in order to bestow authority upon the Court the power to grant a Judgment of Divorce. For example, parties can allege any one or more of the following grounds, irreconcilable difference, extreme cruelty, adultery, desertion, addiction or habitual drunkenness, imprisonment, and deviant sexual conduct. New Jersey also allows for a "no fault" grounds for divorce, namely "18 month separation." In order to qualify for this "no fault" grounds from Divorce, both Husband and Wife must have lived separately (in separate residences) for a period of at least 18 consecutive months. Nonetheless, even if you and your spouse have not lived separately for a period of 18 months or more, a common ground for divorce filed most similar to a "no fault" grounds is "irreconcilable differences."

Following the filing of the Complaint, the Defendant is served with the Summons and Complaint and is expected to file a Responsive Pleading (or Answer) within thirty-five (35) days. If a Responsive Pleading is not filed, the Plaintiff must then file a "Request to Enter Default" and supporting documents. If a Responsive Pleading is filed, the Court schedules a Case Management Conference in which the appropriate Discovery calendar is ordered.

Generally, at the conclusion of Discovery, the parties and their attorneys appear before a Matrimonial Early Settlement Panel (MESP) mandated by the Court in an attempt to reach an amicable settlement. If custody disputes are involved, the parties also attend mandatory Parenting Mediation prior to the MESP.

Following an unsuccessful MESP, the Court further mandates Mediation for Economic Aspects. It is important to note that the parties may request and be referred to Mediation at any time prior to the MESP. Some benefits of mediation include confidentiality of the proceedings, and the opportunity for the parties to create their own mutually acceptable agreement and take an active role in resolving their own disputes. Additionally, and in most instances, mediation saves the parties time and money.

Lastly, if the parties and their attorneys are unsuccessful in resolving the terms of their Divorce, the Court schedules a Divorce Trial. At Trial, a bench trial is conducted in which the Judge enters a final written decision outlining a final determination as to all issues raised at trial.

Throughout the entire divorce process, our experienced professional attorneys will work aggressively for you and with you, through Discovery and Motion practice, to achieve the best result the law allows.

It is also important to keep in mind that prior to filing a Complaint for Divorce, there are many instances where the parties themselves may be able to reach a comprehensive understanding as to the distribution of assets, alimony, custody, child support, etc. In the event the parties are able to reach this type of agreement, our attorneys may prepare what is called "Property Settlement Agreement" and expedite the Divorce process on a "fast track."

Generally, people often associate "Divorce" with an exorbitant and unwanted legal expense. However, understanding the process and working side by side with our knowledgeable attorneys in reaching a satisfactory desired result for your divorce or any other family law matter will help eliminate any unnecessary costs most people unfamiliar and uninvolved with the process incur.

TIMELINE

CONTESTED DIVORCE :-

COMPLAINT FOR DIVORCE RESPONSIVE PLEADING CMC
MESP MEDIATION TRIAL

UNCONTESTED DIVORCE :-

COMPLAINT FOR DIVORCE DEFAULT UNCONTESTED HEARING

If you have any questions or would like to further inquire as to our legal fee for representing you in a Divorce or any other family law related matter, please feel free to contact our following number:

Elizabeth office     :- (908) 351-8700
Hightstown office :- (609) 371-3600.