Initial Documents
To start the divorce process in New Jersey, one spouse must file a complaint with the court, and serve that complaint on their spouse. Service is done formally through a process server, unless the respondent’s spouse or their attorney is willing to accept service informally.
The complaint, often called a divorce petition, is a legal document that sets forth the grounds for divorce and relief sought by the filing party. Once the complaint is served, the other spouse has 35 days to file a response, known as an “answer,” and any relevant counterclaims. The answer responds to allegations in the petitioner’s complaint, while counterclaims allow the respondent to bring related actions against the petitioner and set forth their supporting allegations.
If there are any custody, support, alimony, or property division issues in a contested case, each party must also file a Case Information Statement within 20 days of filing an Answer or Appearance. The parties must update the court with any material changes to their case information statement, and submit any changes no later than 20 days before the final hearing.
Discovery Process
After these initial documents are filed, the spouses engage in “discovery,” during which they provide each other information that is relevant to their divorce. Common types of information that must be shared in a divorce are financial records and documents regarding the property and assets owned by the spouses. The purpose of discovery is to produce any information that could help determine issues like property division, child support, custody, and alimony.
Court-Mandated Negotiations
Both spouses and their attorneys are required to attend an Early Settlement Panel (“ESP”), which is overseen by experienced divorce attorneys. This is typically held once the discovery process is done.
Attorneys for both parties must file an ESP statement outlining their respective settlement positions prior to the meeting. If an agreement is not reached during the ESP, the parties will move on to Economic Mediation. Prior to this meeting, the parties will also send their ESP statements to the mediator. If the parties are not able to resolve all major issues, an Intensive Settlement Conference will be scheduled with the court.
Settlement Agreements
An uncontested divorce is where there are no outstanding disputes between the parties, either because no response was filed to the complaint, the response to the complaint does not dispute any allegations in the complaint, or the couple enters into a marital settlement agreement and files it with the court.
Settlement agreements must address all issues in the divorce, including how all assets and debts shall be divided, and the terms of alimony, if applicable. If the couple has children, a parenting plan is also required. A judge reviews the order to ensure that the children’s needs are met before approving it and incorporating it into the final divorce order.
Contact a Skilled Divorce Attorney in New Jersey
If you are considering divorce, consult a dedicated New Jersey lawyer as early in the process as possible. For further guidance on your legal options, call the Law Office of Steven M. Cytryn, LLC at (732) 214-1103 or contact us online to speak with an experienced New Brunswick divorce attorney at.
