If you are getting divorced, it can be incredibly beneficial to have an idea of what the road ahead may look like. Read on to learn more about the steps of a New Jersey divorce.
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.
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:
- Extreme cruelty
- Deviant sexual conduct
- Institutionalization for mental illness
Case Management Conference
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 and 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.
Final Judgment of Divorce
Once all outstanding matters have been resolved, the court must execute the Final Judgment of Divorce, finalizing the divorce.
Appealing a decision
Sometimes, an individual may not be happy with the outcome of his or her divorce. If this occurs, you may need to work with an attorney to appeal the ruling.
If you have any questions or concerns about the divorce process in New Jersey, contact our firm today.
Contact our Firm
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