What You Need to Know About The Divorce Process | Law Offices of ...

The divorce process begins with the filing of a Complaint. The complaint doesn?t go into detail about all the things you want, but asks for general things like ?equitable distribution? or ?spousal and child support.?

The complaint will state ?grounds? for the divorce.? Grounds means that the court needs a legal reason to grant a divorce. In New Jersey, the most common grounds are no fault, which can only be filed after a valid 18 month separation, or ?irreconcilable differences? in which you claim you have had such differences for six months prior to the date of complaint and it is unreasonable for the marriage to continue. A claim of irreconcilable differences does not generally require evidence to establish it as a basis for the complaint for divorce, and it is the easiest set of grounds to prove.? There are sometimes reasons to use other grounds for divorce such as ?extreme cruelty? or ?adultery? or other established grounds in your complaint, but this is something that should be discussed with your attorney.

Once you have filed the complaint, it isn?t served on your spouse until it comes back filed from the court filed with a docket number assigned to it. ?That docket number will mark your divorce in the court system and will stay with it forever. At that point, your spouse will be served with a copy of the complaint.

S/he then has 35 days in which to respond. To respond, your spouse must pay a fee and make an answer to your complaint and file it with the court. If you are the one who needs to answer, sometimes you may need to file a cross-complaint in addition to an answer, depending on what is contained in the complaint. ?It is important that you answer a complaint for divorce unless a settlement has been worked out with you and your spouse and filed with the court, because after 35 days you go into what is known as Default.

Default means that technically you can no longer respond to the complaint (though at times you can vacate a default or find other ways of working through the issues with your spouse) and your spouse can go to the court and seek and get relief the way they want without opposition from you.? That?s why it is so important not to delay if you are the answering party, as you may lose your opportunity to seek relief.

Once an answer is made, the court will set a Case Management Conference to determine a calendar for discovery. Discovery means how the parties will get and share information with one another to help resolve the case.? Examples of discovery are interrogatories (questions one party sends the other party that they must answer), requests for production of documents (asking for tax returns or business records), and appraisals on homes or pensions.? The Case Management Conference can usually be waived if both parties can agree on an appropriate calendar of dates for these requests and submit them to court in advance.

As discovery progresses, your lawyer will make efforts to negotiate a Marital Settlement Agreement. Most divorces do not go to trial.? The costs of trial are too high to be worth it to most people under most circumstances.? At our Law Office, we will attempt to negotiate as early and as often as practical and within your wishes, because of the savings in both money and aggravation for you.

Also during the discovery period, if you have children you may be required to attend a parental mediation and/or parenting class depending on your jurisdiction. Your lawyer does not attend these but is available to discuss them with you both before and after.

Additionally, at any time after the filing of the complaint, either party can file what is called a Pendente Lite motion requesting interim relief until the divorce is finalized. Some examples of such interim relief are spousal support, child support and counsel fees. You should discuss with your attorney the possibility of filing a Pendente Lite motion which can help you obtain interim relief, or if you have more resources than your spouse you should discuss how to avoid one being filed against you.? Although this is an additional expense, if the other side is withholding funds, it is sometimes the only way to keep cash flowing in your direction during what can be a lengthy process.

If a Marital Settlement Agreement is worked out, the parties can submit the signed agreement and request a default hearing. Only the party who filed the complaint initially (Plaintiff) is required to go to the default hearing. At this hearing, a series of questions will be asked regarding the settlement and establishing the appropriateness of the judgment of divorce the court will grant that day. Your lawyer will review these questions with you in advance.? At the end of the hearing, your divorce will be granted. If you wish to resume a birth name at that time, paperwork can be submitted to the court and an order granting that can also occur.

If a Marital Settlement is not worked out, the next step after discovery is complete is a Matrimonial Early Settlement Panel (MESP). Your lawyer will produce a memorandum to the panelists, two veteran attorneys, who will read them and discuss the case with your lawyer and the other parties? lawyer.? At that time, they will say what they think the judge will do in the case as an encouragement to settlement. Although their opinion is non-binding, many divorces are settled at the MESP because the realization of what likely outcomes are and the costs of trial frequently encourage people to end the matter.? If the parties can come to an agreement after that, the divorce can be put through that day. Otherwise, the court will set a date for trial.

Once you have been scheduled for trial, if you still cannot reach agreement, pre-trial memos, possibly some motions related to discovery or other issues, and trial memos will be produced by your attorney before your day in court. It is always wise to avoid the expense of litigation if you can avoid it. Sometimes, that is not possible if your spouse is unreasonable or unwilling to demonstrate truthfully the assets of the marriage.

If at any time you have questions about the divorce process, please feel free to contact your attorney or to call our Legal Administrator Dana Lionetti at 856-227-7888 so you can arrange an appointment with your attorney.

If you have not yet hired an attorney, please call us for a free consultation. Although this guide provides some general information, the specifics of every case are unique. It is imperative that you make sure that your rights are protected, because once a divorce is final you will find it very difficult or impossible to undo things you don?t like about the outcome.

Source: http://lyndahinkle.com/what-you-need-to-know-about-the-divorce-process

kyle williams florida debate rand paul mark kirk drew peterson florida gop debate freddie mac