What is the Divorce Process Like in New Jersey?

gavel on table

No matter what state you live in, the divorce process is seldom easy. Divorce or dissolution of marriage occurs when one or both parties decide that they no longer wish to remain in the union of marriage. Divorce is a legal process, but it is also a highly emotional and personal situation. While you are occupied managing the feelings and changes that accompany divorce, you will want an experienced attorney on your side. You will need a compassionate lawyer who is knowledgeable and professional to handle the many legal aspects of your divorce so you can focus on rebuilding your life. If you are facing a divorce, contact an Ocean County divorce attorney to schedule a consultation.

What happens during the divorce process?

During a divorce, you can expect that a huge toll may be put on you and your family. This can be physical, emotional, psychological, or financial. Keep in mind that your family will be witnessing this as well. Particularly if you have children, you will want to do your best to keep the process as painless as possible. Knowing what to expect can help to decrease stress. The following outline provides a brief overview of the divorce process in New Jersey.

  • Initial pleadings: This is when an individual files for divorce. That individual is now known as the plaintiff. The other party is now known as the defendant. The defendant may file an answer, counterclaim or seek a judgment. Each situation varies.
  • Child custody and child support temporary orders can be issued at this time.
  • Discovery: This is the process where the court obtains necessary documentation, such as financial records
  • Educational seminar and custody mediation for parents. Mediation is required prior to a trial when child custody agreements do not reach a resolution.
  • Early settlement panel: An effort to resolve outstanding issues before trial.
  • Trial: The judge will decide upon any disputed issues at trial.
  • Final Judgement: A final judgment (decision) is made.

What are the grounds for divorce?

In some cases, there need not be grounds for divorce cited. A couple can willingly enter into an agreement called a no-fault divorce. They agree that there are irreconcilable differences. Or, they attest that there has been a separation of at least 18 months. Other times, there are fault grounds that can be chosen. These include:

  • Adultery
  • Extreme Cruelty
  • Abandonment
  • Addiction
  • Incarceration

The divorce process is final when a judgment is made and filed through the family court system. The judgment is inclusive of the agreements made by both parties during the entire process. At this point, you can move forward in your life. The Law Office of Sarina Gianna, LLC provides the support you need during this difficult time. With over 15 years of experience, you can rest assured that you are protected every step of the way. Please contact our firm to discuss your options.