How Divorce Process Works In New Jersey

New Jersey Divorce Lawyers Explain What To Expect

A relationship takes time to build. As such, the dissolution of any marriage, whether it lasted for three years or twenty-five years, can be an emotional and complicated legal process. Issues regarding child support, alimony, asset division and other common legal matters in a divorce can further complicate matters. Without professional legal guidance, separating couples may find themselves steeped in unproductive battles driven by hurt and resentment.

Working with an experienced New Jersey divorce attorney at Williams Law Group, LLC can help you see the big picture and get to the other side of this challenging time in your life. Marriage dissolution also involves many legal technicalities which can be explained by an attorney. No matter where you are in your divorce process, the best next step is to bring a skilled legal professional on board. Understanding what to expect in New Jersey divorce proceedings could help separating couples navigate the system smoothly and move on with their lives.

Divorce Process Requirements in New Jersey

There are important laws that one should know when considering a divorce in New Jersey. For example, New Jersey is a no-fault state, meaning that a divorce must be filed under irreconcilable differences. Ex-spouses must include simple language in the body of their complaint that says that there are certain things that have come about at least six months prior to filing the divorce that make it unreasonable for them to live together as husband and wife.

Although there are certain universal truths for anyone going through a divorce, there are also many local statutes and divorce process requirements in New Jersey that parties must follow. It is crucial to retain a local attorney who understands these nuances and can provide guidance throughout the divorce proceedings.

How do I File for Divorce in New Jersey?

Complainants are required to file for divorce in the county they live in. New Jersey residents would file for divorce in the Essex County Superior Court with the family clerk. Divorcing parties must also be residents of New Jersey for at least one year prior to filing in the state.

Once a person prepares a divorce complaint with their lawyer, it must be sent to the clerk with a specific filing fee. The complaint is then given a docket number and put into the court system, and the document is then sent back to the person who filed the complaint. Their attorney would then serve it on the other party.

Sometimes the other party does not respond to the divorce complaint. Some may file an answer and a counterclaim or may try to make an agreement to expedite the process. Once a lawyer serves a divorce complaint on behalf of their client, it is up to the other party how they choose to respond.

Overview of the Divorce Process

Those pursuing divorce in New Jersey can expect a similar process as in other state counties. One party begins with filing the Complaint for Divorce, after which the other party would generally file an Answer and a Counterclaim. Both of these actions entail filing fees, which a local attorney could help manage. The court would then arrange a Case Management Conference to set deadlines for the process. The court’s goal throughout a divorce case is to keep everyone moving through the procedural steps as efficiently as possible.

Early Settlement Panel

After the Case Management Conference, the court will schedule the parties to attend an Early Settlement Panel. This is an opportunity for the litigants and their attorneys to appear before two volunteer divorce lawyers in court and give a recommendation of how they think their case should settle. It is often a successful and specific program because the volunteer attorneys know the judges in the county and have an idea of how the specific judge assigned to their case may rule. The people who volunteer in settlement panels must have at least ten years of experience or more, often in numerous counties.

Economic Mediations In Divorce

If a case does not get settled in the Early Settlement Panel, the New Jersey county court judge handling your divorce case may require mandatory economic mediation. The court wants couples to reach their own resolution with the guidance of their divorce lawyers. No one knows the nuances of their finances, custodial situation, and living circumstances better than the divorcing parties themselves.

Intensive Settlement Conference

If economic mediation is not successful, the next step is an Intensive Settlement Conference in which separating couples and their attorneys are brought into the courthouse for an entire day to have a settlement conference with the Court. The court would speak to litigants, answer their questions, and occasionally give them an idea of their thoughts about the case. This may help parties resolve their divorce on their own. However, the court does not give a ruling at this stage because they do not have all the facts in front of them.

Divorce Trial

If matters have not been settled by this point, the court will schedule a trial. At a divorce trial, each party and their legal counsel present the facts of their case and the New Jersey county court judge handling your divorce will determine how property is divided, what support gets paid, and how custody and parenting time is allocated.

Only one percent of the cases in the state go to trial. Between the filing of a complaint and trial date, it is likely that a separating couple will settle, often through a meeting of both parties’ attorneys and/or with the help of a hired mediator. New Jersey residents who are navigating the divorce process should seek skilled legal counsel in the area to help represent their specific goals throughout negotiation and mediation.

How Long Should Someone Expect a Divorce Case to Take?

New Jersey county divorce courts operate under best practices, meaning that they attempt to reach a resolution within a year from the date of filing. However, divorcing couples in New Jersey should expect timelines to vary. A case could take as short as three months or as long as five years. It depends on the specific issues in the case, the animosity between the parties, and any additional matters of custody and parenting time.

The length of a divorce case is often determined by how the parties are getting along and how they are feeling about the issues being discussed. The court prefers to complete cases within one year from when the initial complaint was filed, but they can complete proceedings as soon as everyone involved reaches an agreement.

New Jersey law does not necessarily require a waiting period between the scheduling of a court hearing and final judgment during the divorce process. If both parties reach an agreement for settlement with their attorneys, marriage dissolution may end rather quickly, depending on the court’s calendar.

If there are children involved, the only caveat is that the divorcing parents must have been state residents for at least six months for New Jersey to have jurisdiction over matters of custody and parenting time. However, New Jersey jurisdiction is not an issue if parties can reach an agreement. In this case, divorcing parents can abide by the terms that they agree upon in proceeding with their marriage dissolution.

Call a New Jersey Attorney to Learn What to Expect in a Divorce Case

Divorce proceedings in New Jersey can be a long, drawn-out process, but they can also be shorter depending on the issues at hand and the strategies used to negotiate them. The variation between different situations is what can make litigation difficult, as the court has set procedures and typically follows predetermined deadlines to finish cases as quickly as possible.

A skilled New Jersey divorce lawyer from our firm can help you adhere to the court’s timeline while ensuring that your important legal issues are taken into account in your case. If you are beginning court proceedings in New Jersey or are filing for divorce and want to know what to expect, contact our law firm to speak with a member of our skilled legal team.