01 Jan Filing For Divorce In New Jersey

In this article, you will discover:

• How to prepare financially for a divorce in New Jersey.
• How to serve your spouse divorce papers.
• Common misconceptions clients have about the divorce process.

How Do I Prepare Financially For A Divorce?

The best way to prepare financially for divorce is to gather your financial records. Often, one spouse controls the finances and pays all the bills, whether or not they are the only income earner.

If you can get copies of the bills, that’s best. Even if you can’t get actual bills, securing bank account names and numbers, credit card names and numbers, mortgage statements, and details of that nature are the best steps you can take. You can subpoena anything if you have the proper bank and the number.

The other consideration is to make sure you have access to funds because divorces cost money. You’ll have to pay filing fees, your lawyer and possibly experts. Developing what we call a litigation fund or “war chest,” depending on how aggressive the case is going to be, is the best way to prepare.

What Legal Documents Are Necessary To File For Divorce In New Jersey?

No documents are necessary. New Jersey believes you were married. Many people think you need your marriage certificate. New Jersey only needs that proof of marriage if one spouse says you were never married.

You don’t need any legal documents, but collecting your financial records in advance will make everything easier. If you’re worried your spouse may hide records from you, take photos of bills that come in.

Are There Specific Divorce Filing Requirements In New Jersey I Should Know About?

There is no required period of separation to file for divorce in New Jersey. New Jersey does have a one-year jurisdiction requirement for the county in which you file. In other words, you must have lived in New Jersey for one year and filed in the county where one of the two parties resides.

If your divorce is based on adultery, the one-year requirement doesn’t apply. You’d file in the county where you live, even if you’ve lived there one day.

I had a case where a client moved from Essex County to Hudson County. We filed it the day after he moved to Hudson County. That’s the law, and that’s permitted. My adversary didn’t like the idea, so he filed a motion and cost his client thousands of dollars. We stayed in Hudson County.

What Should I Know About Serving Divorce Papers To My Spouse?

If relations between you and your spouse are not good, you don’t want to pour more salt on an open wound. Can your spouse be served by certified mail? Do you get along with your spouse well enough to give the papers to them?

Some people avoid service. If your spouse doesn’t file an answer within a limited amount of time, a certified mail or email service is not valid under the rules. Then you must have personal service. In those cases, using a process server ensures service is done correctly, and the affidavit of service is appropriately filed with the court.

Some clients want their spouses served at work. That’s not recommended. It’s a bad way to start a process that’s going to be long and potentially unpleasant.

What Happens After The Initial Divorce Filing In New Jersey?

Once you file the complaint and you’re assigned a docket number, you must serve the other party. They can be served easily, either by you, through certified mail, by a process server or by a sheriff’s officer.

Once served with the complaint, the defendant has a limited amount of time to file an answer. Their answer may be a straight response to the complaint, or it may include a counterclaim, which is their affirmative claim for divorce. If there is a counterclaim, the plaintiff’s attorney files an answer to the counterclaim.

After the initial paperwork is filed, the discovery process begins. Discovery is the exchange of information between parties and is comprised of two main areas:

• Financial, because there could be equitable distribution or alimony
• The children, because custody and parenting time are the most important parts of any case

Once discovery is completed, both parties, through their attorneys, attempt to negotiate a settlement of all the issues. They may need the help of a third party or mediator.

The court will monitor what goes on with case management conferences to make sure everyone’s on track and doing what they are supposed to do. Ultimately, there will be an, where attorneys volunteer their time to help the parties resolve their case.

If the Early Settlement Panel doesn’t work, you automatically go to financial or economic mediation where, instead of having many cases with two or three panellist on limited time, you are paying the mediator for their full attention.

Ultimately, if mediation doesn’t work, the judge will attempt to settle the case. If that fails, you go to trial. Very few cases actually go to trial, but that’s the process from the beginning to the end.

Is It Ever Too Soon Or Late To Consult A Divorce Attorney In New Jersey?

It’s never too soon to consult an attorney. Most people don’t know how divorce works. They gain their knowledge from one of two sources: friends and family or the internet. You would be much better served to have an initial meeting with an attorney to learn about your rights, obligations, and the potential strengths or pitfalls of your case.

Every case and every person is different. While you may think your case is the same as your friend’s, it’s not.

As far as too late is concerned, there’s a saying: You can pay me now, or you can pay me later. You’re legally allowed to handle your divorce. That said, you may be the best in the world at what you do for a living, but this isn’t what you do.

When you try to represent yourself, there’s a strong likelihood you’ll make costly mistakes. You’ll have to pay an attorney to undo what you did. Even then, some mistakes can’t be undone. It’s never too early or too late, but waiting too long will cost you.

What Are The Most Common Misconceptions Your Clients Have When They File For Divorce?

Timing and cost are the two greatest misconceptions. People think if they file a complaint for divorce, they’re immediately going to get divorced. That’s far from the truth. You have an investigation, discovery, division of assets, and children to consider.

I always let clients know from the start: This is not a sprint; it’s a marathon. Be prepared to dig in and spend the time. For example, the other party may not be ready to get divorced; they might delay, or they aren’t emotionally prepared to cooperate with the system. Sometimes it’s the system. The system is slow. There are many cases and few judges.

Your case is important to me, and it means the world to you. However, unless there’s an emergency, a serious problem with your children or domestic violence involved, the process will move slowly.

The time commitment and costs are enormous. The longer you work on a case, the more it costs. It’s key to focus and spend money and resources on what’s important. Most people don’t have unlimited resources, so it’s important to channel resources to the most important aspects of your case.

Still Have Questions? Ready To Get Started?

For more information on Filing For Divorce In New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (866) 459-5140 today.