What is the Divorce Process in New Jersey?

What is the Divorce Process in New Jersey?

When two people choose to move forward with a divorce, things can become complicated. While both parties may be on the same page about filing for divorce, they may be in disagreement about many other matters. For example, child support, alimony, division of assets, and so on. A divorce can be a difficult process, that is why it is important to find the right legal support. Read on to better understand New Jersey’s divorce process and how Greenberg & Walden, LLC can help you.

New Jersey’s Grounds for Divorce

New Jersey is a no-fault state. This means a couple may choose to file for divorce citing irreconcilable differences or separation of 18 months or more.  Often, filing for a no-fault divorce is the simplest option, but the following fault grounds are available as well:

  • Desertion
  • Extreme cruelty
  • Deviant sexual conduct
  • Addiction
  • Adultery
  • Institutionalization for mental illness

New Jersey’s State Requirements

To file for divorce in New Jersey, you or your spouse must have been a New Jersey resident for at least one year prior to filing for divorce. Notably, this requirement does not apply if you are filing on the grounds of adultery.

What are the Next Steps?

Once you serve your spouse with divorce papers, you will participate in a Case Management Conference. Here, a judge will analyze all divorce-related matters, and determine whether the divorce process should be expedited. Some of the possible issues examined by the judge may include:

  • Contested issues in your divorce
  • The pre-trial discovery process
  • A potential Early Settlement Panel date
  • Selection of expert witnesses
  • Whether child custody and parenting time are disputed

After the Case Management Conference, the next step may be an Early Settlement Panel.

The Early Settlement Panel

If the matters of your divorce cannot be settled, your case may be referred to an Early Settlement Panel. Here, several attorneys will advise you about the outstanding matters of your divorce. You and your spouse do not have to take this advice, but can instead attempt to settle these matters through mediation or litigation. If your divorce is litigated, a judge will make decisions on your behalf regarding outstanding matters. Either party may appeal the judge’s decision.

Final Judgment of Divorce

Once all outstanding matters have been resolved, the court must execute the Final Judgment of Divorce, finalizing the divorce

Contact Greenberg & Walden, LLC

We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928.

 

 

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