Getting a divorce in the state of New Jersey is often confusing and lengthy. This can be especially true when one spouse doesn’t want the divorce or is absent. In most cases, hiring an experienced divorce lawyer will help move the lawsuit forward. New Jersey’s Law Office of Jordan B. Rickards is here to help you with the legal process.
File a Complaint for Divorce
The first step is the filing of the Complaint for Divorce. The spouse who files this claim is the plaintiff, and the non-filing spouse is the defendant.
When filing the Complaint, several other documents must accompany it. These documents include the Affidavit of Insurance Information, a Confidential Litigants Information Sheet (CLIS), and a Case Information Statement (CIS). The CLIS contains personal information, such as names, addresses, etc., and the CIS contains the couple’s assets, liabilities, income, and expense information.
After filing the documents with the court, your divorce attorney must serve the claim to the other spouse.
Enter the Answer Period
Once served, the couple enters an answer period. During this time, the defendant submits a response, or counterclaim, to the allegations made in the Complaint.
In a case where the defendant doesn’t respond, the case defaults. If a successful default occurs, the plaintiff may proceed with the divorce without the defendant's involvement.
If the defendant does respond to the Complaint, formal litigation ensues. At this point, the case moves on to the next step.
Work Toward a Settlement
The following steps regard settlements. If the couple has children, they must attend a parenting time mediation. Couples referred to the Early Settlement Panel (ESP) must submit a statement to the panel regarding a possible settlement.
If ESP fails, the couple moves on to economic mediation in a second attempt to agree to a fair settlement. When a case moves exceptionally slow, as in months or even years, a plaintiff may file for a pendente lite relief. This relief motion asks the court to grant financial support while the case is pending.
Case Goes to Trial
When no settlement agreement occurs through the other processes, the case goes to trial. At the trial, a family court judge will determine the settlement. Judges take all matters into account and seek information from the previous settlement attempts to find a fair conclusion that benefits both parties.
If a case goes through to trial, the bitterness doesn’t always end after the trial concludes. In these cases, ex-spouses may find themselves repeatedly fighting over the years regarding details of the agreement.
