Steps in Preparing and Undergoing Divorce in New Jersey
A divorce in New Jersey is a legal proceeding that usually begins with filing a complaint, continues with service on the other spouse, and may end in trial if the parties do not resolve the issues. For individuals and families in New Jersey who are considering divorce or already involved in a divorce proceeding, this overview explains the main proceedings in a New Jersey case, including the basic steps under New Jersey divorce laws, which recognize both no-fault and fault-based grounds, as well as financial disclosures, settlement efforts, and the Final Judgment of Divorce. Because these proceedings can be lengthy, technical, and consequential for your finances, property, and family, understanding the process can help you protect your rights and make informed decisions at each stage.
Step 1: File a Divorce Complaint
To begin the divorce process, one spouse must file a New Jersey divorce complaint with the court. That spouse will be the plaintiff, and the Jersey divorce complaint must include the names and addresses of the parties, the place and date of the marriage, and various other details before it is served on the other spouse. Generally, one spouse must meet the residency requirements, including the one year residency requirement, meaning residence in New Jersey during the year prior to filing. When filing for divorce, one must also include the grounds for divorce, which may be divorce based on no-fault or fault-based claims. A common no-fault ground is irreconcilable differences, and 18-month separation is another no-fault option. Fault grounds include adultery and extreme cruelty, and in a fault-based case the filing spouse must prove the alleged basis. Please click the following link to learn more about the difference between the two types of divorce: a fault and a no-fault divorce.
Step 2: Appearance/Answer and Counterclaim
The spouse who receives the New Jersey divorce complaint must respond to it if that spouse wants to be heard as to any issues in the divorce case, and service of the complaint is typically completed through personal service. That spouse will be the defendant. After being served, the defendant generally has 35 days to respond. Parties may also proceed pro se, meaning they represent themselves, but they still must follow court rules and deadlines. The response may include the filing of a general appearance or an answer to the complaint and any counterclaims that the defendant wishes to bring against the plaintiff. If the other spouse chooses not to respond, the divorce case will proceed under a separate procedure.
Step 3: File a Case Information Statement in Your Divorce Case
Each party must file a Case Information Statement (commonly referred to as a CIS), which is required by New Jersey law, filed under oath, and subject to Jersey law procedures. The CIS includes most of the financial information about the parties that will be relevant to the legal issues involved in a divorce, including financial support, equitable distribution, and other financial issues that may affect support and asset division. You can obtain a CIS from our New Jersey page. An example of a blank Case Information Statement can be found here and further examples of common forms can be found here.
Step 4: Settlement Agreement/Early Settlement Panel
Either before or after the filing of the complaint, the parties, with the assistance of their attorneys, may try to reach a settlement agreement, and when spouses reach agreements on all major issues before or shortly after filing, the matter may proceed as an uncontested divorce. If no settlement is reached and the complaint and a responsive pleading have been filed, the parties will be required to participate in the Early Settlement Panel. This panel will discuss the legal issues involved in the divorce and will recommend how to resolve those issues. When the parties disagree on one or more major issues, the case is contested and continues through later settlement steps or trial. If the parties accept the recommendations and agree to be bound by them, final judgments are entered once the terms are finalized or, if necessary, after trial. If the parties do not accept the recommendations or come to an agreement, they will proceed to Step 5.
Step 5: Economic Mediation
If the parties do not accept the recommendations of the Early Settlement Panel or come to an agreement on the day of the Early Settlement Panel, then they will be required to participate in Economic Mediation, one alternative to litigation recognized under New Jersey law, to again attempt to come to an agreement. A neutral mediator helps the parties work through financial issues. New Jersey may require this step as part of the divorce process, and Jersey courts use court-based mediation procedures to encourage settlement before trial. If additional time is needed beyond any court-provided session, the mediator may charge an hourly rate. If the parties cannot come to an agreement in Economic Mediation, they will proceed to Step 6.
Step 6: Intensive Settlement Conference.
If the Economic Mediation does not result in an agreement, then the parties will be required to attend an Intensive Settlement Conference in the courthouse before the Family Division of the Superior Court and try once again to settle before taking the case to trial. The court may also set dates for additional conferences, discovery deadlines, or trial-related events if settlement efforts continue. Keeping the matter out of open court can also help avoid a public trial.
Step 7: Trial
If the parties cannot come to an agreement after all of the above steps, and if they do not enter into an agreement to arbitrate the issues, then they will proceed to this last step. The parties will go to trial and the court will decide issues such as custody, child support, equitable distribution, alimony, and attorney fees. Custody may be sole or joint, and if mediation fails, the judge will decide parenting time and related arrangements involving the child or children. Equitable distribution concerns marital assets and debts acquired during the marriage, including real estate, vehicles, retirement savings, and personal property. In dividing property and setting support, the court considers several factors, including the duration of the marriage, the parents’ and other party’s economic circumstances, and emotional health. New Jersey recognizes four types of alimony: open durational alimony, generally for marriages over twenty years; limited duration alimony, which cannot exceed the length of the marriage; rehabilitative alimony, which helps a dependent spouse during education or training; and reimbursement alimony, which compensates for financial support provided during education. Depending on the circumstances of the case, one party may be ordered to pay spousal support, child support, or the attorney fees of the other party. After the trial is over, if no settlement is reached, the court will issue you a Final Judgment of Divorce, and the parties will finally have obtained a New Jersey divorce.
As illustrated above, the New Jersey divorce process can be a long and confusing one. Having the assistance of a New Jersey Certified Matrimonial Attorney to guide you through it is very helpful. In the event that you nee more general information regarding divorce or other aspects of family law, check out our blog and articles on our website. If you are going through a divorce, contact the experienced divorce lawyers at Sarno da Costa D’Aniello Maceri Webb LLC to schedule an appointment with one of our attorneys.
