If you are getting divorced, it is important to understand the process ahead. This can help you feel more prepared and can make things go more smoothly. Read on to learn more about the process of a New Jersey divorce.
New Jersey’s State Requirements
In order to file for divorce in New Jersey, you or your spouse must have been a resident of New Jersey for at least one year prior to filing a complaint for divorce. This requirement does not apply if the plaintiff is filing on the grounds of adultery.
New Jersey’s Grounds for Divorce
New Jersey is a no-fault state, meaning that a couple may file for divorce citing irreconcilable differences, or after being separated for 18 months or more. Regardless, you may still file for divorce under fault grounds, including:
- Desertion
- Addiction
- Adultery
- Extreme cruelty
- Deviant sexual conduct
- Incarceration
- Institutionalization for mental illness
What Happens At The Case Management Conference?
After your spouse is served with divorce papers, the court can begin to address various matters regarding the divorce through a Case Management Conference. During this conference, some concerns addressed may include:
- Contested matters of the divorce such as child custody, division of assets, etc.
- Pre-trial discovery process
- An Early Settlement Panel date
- Selection of expert witnesses
- Assessing whether there is a custody dispute
What is an Early Settlement Panel?
After the Case Management Conference, your case may be referred to the Early Settlement Panel. Here, a team of expert attorneys will provide you with recommendations regarding the outstanding matters of your divorce. You do not have to accept these recommendations. If you do not accept the recommendations, you can work through these matters in mediation. If mediation does not successfully resolve the outstanding issues, a judge may have to make decisions on your behalf. If this occurs, either party is permitted to appeal the judge’s decision.
Final Judgment of Divorce
In order to finalize a divorce, all outstanding matters must be resolved. Then, the court must execute the Final Judgment of Divorce.
Our firm will walk you through the process every step of the way. Reach out today to discuss your case with an experienced and dedicated divorce attorney.
Contact our Firm
If you require experienced legal representation for a matter of Family Law, Supplemental Security Income, Medical Malpractice, Social Security Disability, or Legal Malpractice, Siragusa Law Firm is here to help. Contact our firm today to schedule a consultation so we can discuss your case.
