Filing for Divorce in New Jersey

For many people, the prospect of getting divorced is a stressful time.  It is the unfamiliarity of the process as well as the uncertainty of the ultimate outcome which causes much of the concern.  The more you understand about the process the more confident you will feel about going forward and obtaining a divorce.

New Jersey now permits a Complaint for divorce to be filed without ascribing blame or fault to the other party. Traditionally, it had been required that a Complaint for Divorce be required to state the reasons for filing, such as extreme cruelty, adultery, desertion, etc.  Regardless of the grounds for divorce, the parties must meet the jurisdictional requirements of the Court. At least one party must be a resident of the State of New Jersey in order to file for divorce in New Jersey. It is the filing of the Complaint for divorce which begins the divorce process.  We will assist you in stating your cause of action and meeting the requirements of New Jersey Court Rules 5:4-2.

Once the Complaint is filed, the Defendant will be required to file an Answer and in many cases, a Counterclaim for divorce.  The Answer and/or Counterclaim must be filed within thirty-five (35) days of receiving the divorce Complaint.  If a Counterclaim is filed, we will assist you in filing a responsive Answer within the time permitted by the Rules of Court.

At the time the Complaint is filed each party must file a Case Information Statement (“CIS”).  Once completed, the CIS will provide the Court and the parties a snapshot of the family’s financial circumstances.  Supporting documents such as tax returns and recent paystubs must be included in the CIS.  Also included, must be a list of any assets held by either party, i.e., mutual funds, pensions, stocks, real property, etc.

Your first contact with the Court will be a Case Management Conference. At this time the parties and the attorneys appear in Court and prepare a Scheduling Order whereby a time frame will be established for the divorce process. Residents of Ocean County will appear in the Superior Court of New Jersey, Ocean County in Toms River. Residents of Monmouth County will appear at the Superior Court of New Jersey, Monmouth County, in Freehold.

Part of the Case Management Order includes a time period for discovery. It is during this period that either party can be questioned (through Interrogatories or Depositions) on issues which pertain to finances and/or the custody and care of the children, if applicable.  One of the issues addressed during the discovery process is the different types of alimony permitted in New Jersey. In addition to permanent alimony there is limited term alimony or rehabilitative alimony, which may be awarded when the circumstances warrant.  The award of alimony depends on a number of factors including the actual need of the spouse and the ability of the parties to pay.  The duration of the marriage, educational and vocational skills, parenting responsibilities and other factors, figure into an award of alimony pursuant to New Jersey Statute N.J.S.A. 2A:34-23.

Child Support & Visitation

When minor children are impacted by the divorce, child support is always an issue of concern for the parties and the Court. Typically child support will be awarded to the custodial parent. The amount of support is determined by the net income of each party. The New Jersey Child Support Guidelines are used to determine the amount of child support. For couples who are unmarried, the New Jersey Child Support Guidelines work in the same manner. A primary concern for the parties and for the court is the continued care and well being of the children.

Typically, child support is paid through the Probation Department in the County where the obligor resides.  Payments are most often made through automatic payroll deduction. This avoids many potential conflicts between the parties and attempts to insure regular and timely payments.

The payment of child support does not impact either party’s right to custody and/or parenting time with the minor children.  A parenting plan is worked out with the parties using the “best interest of the child” as a primary standard in making the determination. Generally, custody of the unemancipated children fall into one of the following categories:  sole custody, joint legal custody or joint physical custody.  Joint legal custody provides for both parties to have a joint responsibility for all major decisions regarding the child’s health, welfare and education. The parents are encouraged to communicate and cooperate in all matters relating to the child.

In the event that the parties are unable to agree to a reasonable parenting schedule, a mediation process can be arranged with the Courts. Under those circumstances, parenting time mediation will be ordered by the Court with a Court appointed mediator. The establishment of a viable and reasonable parenting schedule is very personal to the parties. Your attorney and the mediator will assist you and provide guidance in this matter.

The Court has also prepared a list of Court recognized holidays which can be used to assist the parties with the apportionment of parenting time.  It must be remembered however, that the holiday schedule is a means of resolving conflicts regarding parenting time issues when the parties are unable to agree. The Court will not impose its schedule upon parties who have fairly an amicably resolved parenting time issues.

Equitable Distribution

Equitable distribution is the distribution of the assets and liabilities which were acquired during the course of the marriage.  These assets include real estate, personal possessions, stocks, retirement funds, interest small businesses, etc.  The liabilities that are acquired during the marriage include mortgages, car loans, unsecured debt (credit cards and personal loans, etc.) as well as any other type of debts subject to Equitable Distribution.  N.J.S.A. 2A:34-23 and N.J.S.A. 2A:34-23.1 are primary statutes governing equitable distribution.

The distribution of assets and liabilities will be done in an “equitable” manner which is not necessarily equal.  The economic circumstances of each party, the duration of the marriage, tax consequences of the distribution, employment and other factors impact upon the final equitable distribution.

The distribution of some of the assets acquired during the marriage will involve items of great sentimental value.  Family photos, family heirlooms, and such, can become an issue of contention.  The distribution of such sentimental items will usually be a very personal choice however your attorney can assist you by providing an experienced and objective view on the process.

With the exception of sentimental items, the distribution of assets and liabilities can sometimes be reduced to a matter of establishing a financial balance sheet.  The marital property will be distributed between the parties or can be sold and the money used to pay marital debt prior to distribution.  In the event an amicable resolution cannot be reached with the assistance of counsel, the Court has devised an Early Settlement Program (“ESP”) to assist.  A Court appointed ESP panelist will work with your attorney and your spouse’s attorney in an attempt to narrow the issues in dispute and attempt to reach an accord.  The panelists are members of the Bar Association who volunteer their time and energies to assist you and your attorney in reaching a settlement and avoiding the necessity of a trial.

An experienced and competent attorney can help you navigate the legal process from the point of filing the Complaint to preparing a comprehensive settlement agreement or, if necessary, a trial on all disputed issues.  The cost of a trial, both financial and emotional, is often prohibitive.  Competent counsel can assist you in reaching a settlement which will be fair and reasonable under the circumstances.  Once the settlement is reached, your attorney can prepare the Judgment of Divorce and a Property Settlement Agreement: a written document setting forth the terms of your support and equitable distribution including any ongoing obligations of the parties after the divorce.  Once this has been accomplished, the parties can go before their assigned Judge and place the terms of their divorce on the record and a Judgment for Divorce will be granted.