Find a Divorce Attorney in New Jersey

The Law Office of Jordan B. Rickards Can Help In Your Divorce Case

A contested divorce is not a quick process. To begin, your divorce attorney will file a Complaint for Divorce, which is basically a lawsuit which seeks the termination of your marriage, as well as the equitable distribution of the family’s assets and liabilities, and, in appropriate cases, it will seek child support, spousal support, and other relief. Most residents in New Jersey now utilize "irreconcilable differences" as the legal ground for their filing. This no-fault option allows for the dissolution of the marriage without the need to prove specific misconduct, focusing instead on the fact that the relationship has broken down for at least six months with no prospect of reconciliation. The attorney must be careful to include all necessary statutory notices with the Complaint, as well as an Affidavit of Insurance Information, amongst other things. When you are going through a marital crisis, turn to New Jersey’s finest, and give the Law Offices of Jordan B. Rickards a call. Mr. Rickards has handled a large variety of marital disputes and divorces, and will give your case the attention and care that it deserves.

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Understanding the Divorce Case Information Statement

The divorce lawsuit will be accompanied by a Confidential Litigants Information Sheet (CLIS) and a Case Information Statement (CIS). The CLIS tells the court who you are and gives some basic information. The CIS is considerably more complicated, and can be overwhelming to a lot of people. It catalogues your assets, liabilities, your income, expenses, and covers everything else that the court and the parties are going to need to properly litigate the divorce matter. Because New Jersey is an equitable distribution state, marital property is not automatically split 50/50. Instead, the court evaluates factors such as the length of the marriage, the standard of living, and the financial contributions of each spouse to arrive at a distribution that is fair and just. The CIS also has all sorts of requirements as far as attachments that must accompany it, such as tax and income information, like W2s.

Once all of this is filed with the court, your divorce attorney must serve it on your spouse. This can be especially complicated if the spouse does not want to be served, or has gone missing. There are several remedies available to the attorney, and an experienced divorce lawyer will know how best to proceed.

Starting The Divorce Process In New Jersey

Once your spouse is successfully served (or, in the alternative, if your spouse has initiated the divorce proceedings and has served you), the next step is for the defendant to submit an answer. This is a legal pleading that responds to the allegations in the Complaint.

If the defendant does not answer in time, or at all, the case goes into default. There is a somewhat involved process to move a divorce case into default, which requires an experienced divorce attorney. Assuming it is successful however, this allows the divorce to proceed without the other side participating. This gives a considerable advantage to the plaintiff.

If the Complaint is answered by the defendant, the case goes into formal divorce litigation and can head in a lot of directions. If there are children, the parties will be required to attend parenting time mediation. The court’s primary focus in these matters is the "best interests of the child" standard. This involves a comprehensive review of the parents’ ability to cooperate, the child’s safety, and the stability of the home environment to ensure a custody arrangement that fosters the child’s well-being. Even without children, the case will almost certainly be referred to the Early Settlement Panel (ESP). At this proceeding, your attorney will submit a statement to the panelists (usually two other family law attorneys) to see if the divorce case can be settled, or failing that, if any progress can be made on any of the issues.

If the case is not resolved there, it can be sent to economic mediation. There, another divorce lawyer will try to iron out the money-related issues with the parties, to try to get the case settled.

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Working Towards A Divorce Settlement

While this is happening, it is often the case that one of the spouses requires the financial support of the other, and cannot reasonably wait until the divorce case to conclude to begin receiving support. After all, divorces can take months — and in rare cases years — at a time. When this happens, an attorney will be well advised to file a motion for pendente lite relief (which is simply a complicated way of saying “I want something to happen while the matter is pending”). The most common request in such a motion is for the other spouse to pay spousal and/or child support while the divorce is taking place, with final calculations to be made (and such relief potentially modified) later. Alimony in New Jersey is determined based on the actual need of the receiving spouse and the ability of the other spouse to pay. Depending on the length of the marriage and individual circumstances, the court may award open durational, limited duration, rehabilitative, or reimbursement alimony. These motions can, and often do, seek the other side to help pay the divorce attorney's fees as well, believe it or not.

Sending A divorce Case To Trial

In the event that, after all of this, the case is still not settled, then it is set down for trial. This does not happen quickly. At the divorce trial, all unresolved issues will be litigated in great detail, and a family law judge will do his or her best to determine the relief that the respective parties receive.

Sadly, these cases often do not end with the divorce decree. It is not uncommon for the parties to come back to court year after year to modify various features or arguments, or because the other side is not complying with the divorce decree, or for any number of other reasons, and it is almost always because something was not done right the first time.

Get In Touch With An Experienced New Jersey Divorce Attorney

You would be better off having an experienced family law and divorce attorney advocate for you, so please contact The Law Office of Jordan B. Rickards. As a former prosecutor, Mr. Rickards brings an aggressive approach to his divorce cases, and can help you get the results you deserve. Whether your case involves high-net-worth asset division or sensitive parenting time disputes, having an attorney who understands the nuances of New Jersey’s Family Part is vital to protecting your future.

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