Divorce

NEW JERSEY DIVORCE

Divorce or marital separation can be a very difficult and trying time for you and your family. During this emotional transition, we strongly advise that you consult with a New Jersey Divorce Attorney at the Juzmeski Law Firm to discuss all of your family law issues and assist you through this multi-step process. Your New Jersey Divorce Attorney will provide you with the necessary education, support, and communication that is intricate in developing your relationship with your attorney and build trust necessary during a time in you and your family’s life that may be very overwhelming and intimidating.

GROUNDS FOR DIVORCE

A spouse may file a Complaint for Divorce in the appropriate jurisdiction on no-fault grounds. To qualify under the no-fault grounds of separation both husband and wife must have lived separately, with no reasonable expectation if reconciliation, for a period of at least eighteen consecutive months. However, a spouse may file a Complaint for Divorce citing one or more fault causes for the divorce action such as: extreme cruelty, adultery, desertion, addiction, institutionalization, imprisonment, and/or deviant sexual conduct.

DIVORCE STEPS AND PROCEDURE

Jurisdiction

The Superior Court of New Jersey has jurisdiction over divorce proceedings in which either spouse meets the residency requirement whereby either spouse must have been a resident of the State of New Jersey for at least one year prior to the filing of the Complaint for Divorce.

Complaint for Divorce

After you initial meeting with your New Jersey Divorce Attorney to discuss your divorce matter and you have come to the decision of pursuing a Judgment for Divorce, the initial step of starting your divorce case is the filing of your Complaint for Divorce. A Complaint for Divorce will be filed in the county in which the plaintiff lived when the action arose, the county where the defendant lived when the action arose if plaintiff was not living in New Jersey, or if neither party lives in New Jersey when action arose, then the Complaint shall be filed in county where plaintiff resides or where defendant resides if plaintiff no longer resides in New Jersey.

Case Information Statement (CIS)

Court Rules require both parties to a Divorce proceeding to file and serve Case Information Statements in contested family matters involving alimony, child custody, child support, and/or equitable distribution. The Case Information Statement essentially provides for and identifies both parties financial picture. Your New Jersey Divorce Attorney at Juzmeski Law Firm will sit down with you to discuss and go over the Case Information Statement prior to filing of any necessary paperwork with the Court so that we may accurately paint a financial picture for the Court as required by Court Rule.

Filing Fee

A filing fee is required to file your Complaint for Divorce in the appropriate county. An additional fee is required for parties with children as payment for a parenting education seminar that the parties will need to attend.

Answer, Counterclaim, Answer to Counterclaim

Upon being served a Complaint for Divorce, the defendant has an opportunity to either answer, answer and counterclaim, or file an appearance within 35 days of receiving the Complaint for Divorce. If the defendant does answer and counterclaim, plaintiff will have an opportunity to answer the counterclaim within 20 days of its receipt. Should the party fail to answer within the time allotted by Court Rules, we will proceed with filing papers pursuing a default judgment for divorce.

Case Management Conference

After the necessary paperwork is filed with the Court, the Court will schedule a Case Management Conference. During the Case Management Conference, discovery issues will be addressed as well as setting the dates for an Early Settlement Panel Hearing, Economic Mediation, and Trial. However, should the matter be uncontested and not complicated, the parties may settle their matter during the initial Case Management Conference potentially saving both parties costly legal fees.

Discovery

During your initial Case Management Conference, the Court will address discovery issues and set deadlines to produce discovery to the other party in preparation for your family law matter, Discovery is extremely important and helpful to your attorneys as it prepares your attorney for negotiations, planning for equitable property distribution, potential settlement, and preparation for trial should the parties not come to an agreement.

Early Settlement Panel

Due to the high level of costs of litigating your divorce matter and expense of going to trial, the Courts of New Jersey strongly encourage settlement. During you initial Case Management Conference, the Court may schedule a date to hold a Mandatory Early Settlement Panel whereby the parties to the divorce matter and two unbiased and experienced family law attorneys will assist in trying to work out a fair and equitable solution to your divorce matter.

Trial

Although trials held for divorce matters can be costly and expensive, specific family law issues may continue to persist and a fair and equitable solution to your divorce matter may not have the opportunity to be reconciled. You can be sure that you New Jersey Divorce Attorney will diligently prepare for your matter to be litigated during trial and put in every effort to assist and guide you through preparation for a trial.

Other Family Law issues the Juzmeski Law Firm handles are the following:

  • Divorce
  • Annulment
  • Pre-Nuptial/Post-Nuptial Agreements
  • Division of Assets/Property Settlement
  • Child Support/Child Custody
  • Parenting Time/Visitation Rights
  • Alimony/Spousal Support
  • Marital Settlement Agreements
  • Modification of Custody/Child Support/Spousal Support
  • Enforcement of Rights and Orders

Contact Juzmeski Law Firm Today to Schedule a Consultation .

To discuss your matter with a New Jersey Divorce Attorney, contact the Juzmeski Law Firm by email or call (201) 288-2250 to schedule a Consultation.

All initial consultations and further communication with your attorney through the life of your matter will be held of utmost importance and confidential so that we may discuss your matter and any issues of concern in an open and candid, professional environment.

The Juzmeski Law Firm proudly serves and represents clients all across Northern and Central New Jersey with our office located at 1 US Highway 46, Suite 1, Elmwood Park, New Jersey.