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If you are facing a separation or divorce in New Jersey, you probably are feeling a whole mix of emotions, from sadness to anger to confusion. While the last thing on your mind might be learning about the legal process in New Jersey, there are some important reasons why you should learn how the process works sooner rather than later.
1. You can make more informed decision-making. Knowing the steps involved in the divorce process helps you make better decisions for better outcomes about your case, including resolving issues like child custody, alimony, and property division.
2. You can prepare more thoroughly. Understanding the process allows you to gather the documentation and evidence needed during negotiations or court proceedings, such as financial records and communications related to your marriage.
3. You will understand your legal rights and obligations. Familiarity with New Jersey divorce laws ensures you know what is involved in parenting time and alimony. This knowledge can help you avoid common pitfalls and meet all deadlines and requirements, depending on your obligations.
4. You will be more emotionally ready. The divorce process can be emotionally taxing. Knowing what to expect can help you mentally prepare for each phase, reduce anxiety, and help you approach the situation with a clearer mindset.
5. You can ask the right questions. When you hire an attorney, understanding the divorce process enables you to communicate more effectively with them. You can ask informed questions and provide the necessary information to support your case more efficiently. Familiarity with the divorce process can also help you anticipate potential outcomes based on similar cases and inform your expectations about what may happen.
6. You can save time and money. A good grasp of the legal process for divorce in New Jersey can help you avoid unnecessary delays and expenses. Being prepared can lead to quicker resolutions and reduce the financial strain of prolonged legal battles in a courtroom.
The divorce process in New Jersey typically involves the following seven steps. When you are more familiar with them, you can prepare better and decide if you want to settle vs. litigate in a courtroom.
1. Fling the Complaint: The process begins when one spouse (the plaintiff) files a Complaint for Divorce with the Superior Court of New Jersey. This document outlines the grounds for divorce and the relief sought (e.g., child custody, alimony). Ideally, we file the complaint after the case is settled and a marital settlement agreement is signed.
2. Service of Process: After filing the complaint, the plaintiff must serve the other spouse (the defendant) with the divorce papers. This is usually done through a process server or a sheriff’s officer, ensuring the defendant is officially notified of the divorce proceedings.
3. Response: The defendant has a specified time to respond to the complaint (typically 35 days). If they have issues to raise, they can agree to the divorce, contest it, or file a counterclaim. This is a good time to retain an attorney if your spouse has informed you that they wish to divorce.
4. Discovery: This phase involves exchanging information and documents relevant to the divorce. This may include financial records, asset disclosures, and other pertinent details affecting child custody, support, or property division. An attorney will help you through this process and give you a list of everything they will need to represent you effectively.
5. Negotiation and Settlement: Many divorces are resolved through negotiation or an alternative dispute resolution method like mediation. You and your spouse may work together to agree on key issues, such as child custody, division of assets, and support payments. If you can reach mutually agreeable decisions, your attorneys can draft a settlement agreement to submit to the court. Oftentimes, this step is usually the first step. Resolving your case before filing the complaint is the preferred process and one we always strive to achieve.
6. Court Hearing Trial: If you and your spouse can’t settle, a court hearing will be scheduled for you. Each party, represented by their attorney, will present their case before a judge to decide on contested issues. This may involve testimony, evidence, and legal arguments. This process takes a long time and can be very time consuming and expensive.
7. Final Judgment of Divorce: Once you and your spouse have resolved all issues, whether through settlement or court decision, the court will issue a Final Judgment of Divorce. This document finalizes the divorce.
Retaining an attorney when you learn you are facing a divorce is highly advisable since going the DIY route can result in a less favorable outcome for you and your family. Here are some reasons you should retain an attorney as soon as possible.
1. An attorney experienced in New Jersey family law can provide valuable guidance throughout the divorce process. Family law varies significantly from state to state, and a knowledgeable attorney understands the specific legal requirements and nuances that may be challenging for someone without legal experience. They can offer insights into what to expect and how to prepare for various outcomes based on New Jersey state regulations.
2. An attorney will help protect your rights. An attorney is ready to advocate for your interests, whether it is regarding child support, asset division, or spousal support, so you receive a fair outcome.
3. An attorney will advise you on preparation and documentation. Divorce involves a lot of paperwork and documentation. An attorney can help you prepare necessary documents, gather relevant evidence, and file them correctly, reducing the risk of errors that could delay your case.
4. An attorney can provide a level of emotional support. Divorce can be emotionally challenging, so having an attorney by your side can provide reassurance during a difficult time. They can help alleviate some of the stress by managing the legal aspects of your divorce.
5. An attorney brings practiced negotiation and courtroom skills. If your divorce involves negotiations, such as property division or custody arrangements, an attorney can represent you in discussions with your spouse or their legal counsel. They can work to secure a favorable settlement and minimize conflict. Plus, you will want an attorney by your side if your case goes to trial – they will be ready to represent you in hearings, present your case effectively, and respond to any arguments your spouse’s attorney makes.
Facing a divorce and needing to create a marital settlement agreement can be overwhelming. Trust Lawrence Law’s experienced attorneys to support you every step, ensuring you understand your options and feel confident throughout the process.
Contact us today at (908) 645-1000 to schedule your initial consultation or complete our confidential contact form. With offices conveniently located in Watchung and Red Bank, NJ, Lawrence Law is ready to assist families across New Jersey.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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