Filing for divorce in New Jersey is similar to filing for divorce in other states, but with a few important exceptions.
The goal of an experienced divorce attorney is to help you transition from marriage to divorce as smoothly as
possible. For some, this happens quickly and without a great deal of strife, but for others the divorce process can
be long and frustrating. Understanding what to expect from the moment you file for divorce to when the time
arrives for you to begin a new life can make the transition just a bit easier. Our firm understands how difficult
divorce is on a family. We offer experienced legal representation and guidance for our clients with respect to
your rights and your family’s unique needs and goals to help you through this difficult time. The chart below
presents the 7 possible steps in a divorce litigation. Many divorce cases can be finalized simply with the first two
steps, which should be the ultimate goal. However, in some cases, when the two parties do not agree, further
steps are required to best serve your needs.
7 Step Divorce Process
Custody and Parenting
Time Experts
Financial Experts
Filing of the Divorce Complaint
Case Management
Conference
Economic Mediation
(1 mediator tries to settle
differences)
Intensive Settlement
Conference
Discovery
(Exchange of documents,
appraisals, information)
Trial
Early Settlement Panel
Panel of neutral, experienced
lawyers provide settlement
recommendations
Filing the Complaint for Divorce
New Jersey divorce litigation begins when one spouse files a Complaint for Divorce against the other. Generally,
the Complaint is filed with the New Jersey Superior Court in the county in which the filing party lives. If you are
the one filing the Complaint, you and your attorney will fill out the necessary documents and submit them to the
Court. The Complaint documents include your contact information, the grounds for which you are requesting the
divorce, and information about medical, life, and other types of insurance coverage.
The Complaint is then served upon the non-filing spouse (your husband or wife). The Court will expect you to file
written verification that the Complaint was served. The non-filing spouse then has a specific amount of time to
file their Answer (response) to the Complaint.
Case Management Conference
Next, the Court will need to get a sense of what issues are
involved in your divorce. To do so, the Court will schedule a
Case Management Conference. This is the first court
appearance and both spouses are usually expected to attend
depending on the county. Essentially, the purpose of the
Case Management Conference is to give everyone a clear
understanding of what decisions need to be made in the
divorce. The court will issue a Case Management Order
formalizing what tasks needs to be accomplished, and the
timeline for completing each task.
The Case Management Conference also gives attorneys and their client an opportunity to make a good first
impression on the Judge assigned to your case. Through your attorney, you will be able to give the Judge your
input and possibly settle some of the issues at hand.
If necessary for your case, the Judge will also direct you and your spouse to begin working with outside
professionals called “experts.” It is common for two types of experts to become involved in divorce cases:
Custody and Parenting Time Experts
Divorcing parents are given an opportunity to make short and long-term decisions about legal
and residential custody of their children, as well as the parenting time schedule. If custody and
parenting time issues are unresolved at the time of the Case Management Conference, the Judge
may schedule a free mediation session at the courthouse. If that mediation fails, the parents
may need to undergo an evaluation to determine what arrangement is in the children’s best
interest.
Financial Experts
Sometimes, it may be necessary for financial professionals, such as forensic accountants or
business valuation experts, to become involved in your case. A financial expert reviews the
couple’s personal financial records (and business records, if applicable) and provides guidance on
spousal support, the value of a business interest, and other issues related to finances.
Of course, not every case will require the use of experts. You should discuss the specifics of your case with your
attorney prior to the Case Management Conference to determine whether experts will be necessary.
Discovery
The third step in the New Jersey divorce process is discovery.
This step is necessary if the parties cannot reach an
agreement. This is an opportunity for each spouse’s legal
team to become familiar with the details of the marriage and
gather information for the negotiations. Information and
documentation is exchanged regarding income, financial
assets, debt/liabilities, real estate, and other financial issues.
Each spouse completes a Case Information Statement, which
is a document that provides a summary of your income,
expenses, assets, and debts. The court assigns a deadline for
the completion of discovery, which must be complied with.
Discovery includes a great deal of back-and-forth between
your attorney and your spouse’s attorney. Each side will be given the opportunity to issue discovery requests,
which include Interrogatories (a series of detailed questions) and Notice to Produce (a list of documents to be
provided to your attorney). The Judge will assign a deadline for answers to be provided. If necessary, your
attorney can issue subpoenas and conduct depositions to allow attorneys to gather even more information.
Some couples are able to reach a settlement during the discovery phase. If so, the attorneys finalize the
paperwork memorializing the settlement (usually called a Property/Matrimonial Settlement Agreement) and the
next step becomes an appearance in court at an “Uncontested Hearing” to finalize your divorce. Unfortunately,
not all divorces are that simple and couples often have different ideas about what is fair in their divorce
settlement.
Early Settlement Panel
Litigants unable to reach an agreement by the discovery deadline must appear before an Early Settlement Panel
to discuss the details of the case and the unresolved issues. The panel consists of two or three experienced,
neutral divorce attorneys or retired judges who make recommendations regarding your divorce settlement after
reviewing both parties’ settlement proposals. If you and your soon-to-be former spouse reach an agreement
based on the Early Settlement Panel’s recommendations, a Judge can finalize your divorce, sometimes within
hours.
Economic Mediation
If your case is not settled at the Early Settlement Panel, the next
step is “post-panel” economic mediation. The mediation is with
one neutral attorney who provides the first two hours of service at
no charge. Subsequent time spent by the mediator is charged to
each side equally (50-50). The purpose of this mediation is to
resolve the economic issues in a case, such as equitable distribution
of marital property and support.
Benefits of mediation include confidentiality, the opportunity to
create a mutually acceptable agreement, and a chance to take an active role in resolving the divorce dispute.
Mediation can also save the parties the time and money of further court appearances.
Intensive Settlement Conference
If “economic” mediation fails, the Judge will schedule your case for an Intensive Settlement Conference (ISC).
The ISC is held at the courthouse and with the Judge who in most cases would hear your trial. All parties and
attorneys are expected to attend the ISC. During the ISC, the attorneys will discuss the unresolved issues with the
Judge and convey the Judge’s settlement recommendations.
It is important to know that the Judge does not hear testimony from you or your spouse at the ISC, or make any
formal decisions. Rather, the Judge may indicate how they typically rule on the issues presented in your case.
The Judge may offer his or her initial impressions of the case to your attorneys, with the caveat that they will
keep an open mind should the matter proceed to trial. New Jersey courts require at least one Intensive
Settlement Conference before a trial is scheduled.
Trial
If the Intensive Settlement Conference is unsuccessful, your case proceeds to trial. At
trial, the Judge will hear testimony from you and your spouse, any experts who have
been involved, and review documents admitted into evidence by both sides. The New
Jersey Rules of Evidence apply and are generally enforced. Your attorney will make a
legal argument on your behalf. The role of the Judge is to make findings of fact (there
is no jury), then apply the law to those facts. In so doing, the Judge makes decisions
about the unresolved issues in your case. The Judge will issue a written opinion and a Judgment of Divorce
incorporating the court’s directives. It is very important to know that trials are expensive and time-consuming, so
it is in the best interest of the divorcing couple and the court system to avoid them whenever possible.
Are you considering divorce? Have you begun divorce proceedings in New Jersey and you want the reliable
assistance of an experienced divorce attorney? Galit Moskowitz can help, together with her team of experienced
lawyers.
Ms. Moskowitz has been practicing exclusively in the area of family law for more than 15 years with a focus on
custody, child support, spousal support, equitable distribution, dissolution of civil unions and domestic
partnerships, palimony, domestic violence, grandparent visitation, and international child abduction. She is
admitted to practice law both in New Jersey and New York states, and is a fluent speaker of Hebrew. Ms.
Moskowitz has been recognized for her work as a New Jersey Family Law attorney by various independent legal
organizations including AVVO, and (201) Magazine. She was recently a distinguished speaker at NASDAQ in New
York City, and as seen on ABC Channel 7 News.
For more information or to schedule a consultation, contact us at (201) 488-3388 or by email at
g.moskowitz@lawgroupm.com. For more information you can visit us on the web: www.DivorceLawyers1.com.
Moskowitz Law Group, LLC located at:
25 Main Street, Suite 603, Hackensack, NJ 07601
55 Madison Avenue, Suite 400, Morristown, NJ 07960
100 Church Street, Suite 800, PBM#821, New York, NY 10007
Phone: (201) 488-3388
Website: http://www.divorcelawyers1.com
The information is for general information purposes only and should not be taken as legal advice for any individual case or situation. This
information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Please do not send any
confidential information to us until such time as an attorney-client relationship has been established. [No aspect of this advertisement has
been approved by the New Jersey Supreme Court].
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