Divorce Process Overview

It is always recommended that you have a general understanding of the divorce process in New Jersey.

Here is a brief overview:

1. Initial pleadings.
   The initial pleadings in divorce litigation includes the filing of a “complaint” with the Superior Court of New Jersey in the proper venue. The complaint for divorce outlines the grounds for divorce and the relief that is being sought. The other party generally files an answer or an answer/counterclaim, or simply enters an appearance, depending on the situation.
2. Case Management Conference.
   A Case Management Conference (CMC) is the initial conference where the Judge who is handling your case will outline a roadmap as to house the case is proceeding. The Judge enters a Case Management Order at the conclusion of the conference.
3. Temporary orders.
   While the divorce is pending, pendente lite motions may be filed whereby a request is made of the Judge to address issues such as child custody and temporary support.
4. Discovery.
   This is the process of obtaining important information about the case from the other side or third parties. The discovery parameters are outlined in the Case Management Order.
5. Parent educational seminar and custody mediation.
   The seminar is designed to keep parents focused on the rights of the children and minimize the effect of conflict on the children. If child custody is not resolved by agreement, mediation is required prior to any trial.
6. Early Settlement Panel (ESP).
   Prior to setting a trial date, the parties must appear in a matrimonial early settlement panel in an attempt to address disputed economic issues. On this date you will obtain a recommendation as to how to settle your case. This is a recommendation and is not binding on the parties. If the matter is not resolved at the ESP the case will generally proceed to Economic Mediation and/or a settlement conference.
7. Trial.
   If the parties cannot reach an agreement on the issues, the disputed issues will be decided by a judge at trial. The judge’s decision could be further subject to an appeal.

If you would like to talk with someone about the divorce process, then please contact our team of lawyers in Monmouth today! We provide seasoned counsel and unique legal strategies for each case.