Overview of the Divorce Process in New Jersey

Divorce is the dissolution of the marriage, allowing the parties to live separately and apart. Filing for divorce is a monumental life changing decision that may affect more than just the couple involved. When contemplating divorce there are numerous considerations such as parenting time and child support when the parties have children, marital property that is subject to division between the parties, payment of alimony, as well as the financial unknown that must be addressed and can impact the outcome of your divorce. It is important to gather any and all information that is accessible to you to ensure that you are making an informed decision.

Once you have made the decision to commence the divorce process, a Complaint for Divorce is generally filed.  The Complaint will assert the jurisdictional requirements and ground for divorce in general terms.

After filing the Complaint, the other spouse will be afforded the opportunity to respond to the allegations alleged in the Complaint for Divorce. If the other spouse responds in the form of an Answer, the divorce is considered to be contested. There are occasions when the other spouse will not respond for various reasons your divorce will continue on a default basis, becoming uncontested.

In a Contested Divorce, there will be several points during the divorce proceedings that the Court will assist the parties to resolve their differences and reach an amicable resolution.  These attempts to assist the parties to settle are more commonly referred to as methods of “Alternative Dispute Resolution”, or “ADR”. ADR includes, but is not limited to, Parenting Time and Custody Mediation, Economic Mediation, Arbitration, Early Settlement Panels, and Intensive Settlement Conferences.  Some of these ADR proceedings involve sitting and retired Superior Court Judges, private attorneys who have been approved by the New Jersey Supreme Court as Family Court Mediators, and other members of the Judiciary and Superior Court staff. 

Eventually, once all issues between the parties are resolved through either ADR methods or a trial before a Family Part Judge, you will be granted a Final Judgment of Divorce, terminating the bonds of marriage.

Each divorce process is unique and fact-specific and the path that your divorce takes will depend on your spouse and intricacies of your marital estate.  It is important to seek capable legal guidance from as early a point as possible, even prior to beginning the formal divorce proceedings. Having strong legal representation will allow you to feel more comfortable and confident that your legal rights are being protected and preserved. Our experienced lawyers will lead you throughout the process to help ensure that your divorce proceedings will go as smoothly as possible.  The attorneys at Rotolo, Bozanian & Yi LLC take great care to explain what you can expect to occur during the divorce proceedings and they continuously keep you up-to-date on the important developments of your case. You can rest assured that everything from the initial filing for divorce to entry of a Final Judgment of Divorce is handled efficiently for you and your family.

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