Are you ready to file for divorce in New Jersey but uncertain about what comes next? Divorce involves many steps, and the outcome of each stage can have long-term effects on your future. Making informed choices now is the best way to protect your rights, finances, and family.

At Joseph J. Russell Divorce & Family Law Attorney of Wilentz, Goldman & Spitzer, P.A., we understand the importance of having the right guidance during your divorce. Our team takes each aspect of your case seriously and focuses on finding solutions that meet your goals. Contact us today to arrange your initial consultation and learn how we can support you throughout the divorce process.

Why You Need an Attorney to Handle Your New Jersey Divorce Case

Divorce is a challenging and emotional process. Attempting to handle it without a qualified attorney can lead to unnecessary stress, financial strain, and unfavorable outcomes. Without experienced legal guidance, it’s easy to overlook important factors like hidden assets or tax implications. Avoidable missteps in these cases can have long-lasting consequences, which is why having a skilled divorce lawyer by your side is essential.

At Joseph J. Russell Divorce & Family Law Attorney of Wilentz, Goldman & Spitzer, P.A., Joe and his team have over a century of experience to bring to your New Jersey divorce case. When you come to Joe for support, he provides the personal attention you deserve and the care he’d offer to his own loved ones. He represents people from all walks of life — from business owners to W2 workers, and from doctors to professional athletes and celebrities — and offers tailored support for their unique needs.

As part of Wilentz, Goldman & Spitzer, P.A., one of New Jersey’s oldest law firms, Joe has access to approximately 100 attorneys. This allows him to seamlessly address complex issues related to corporate law, estate matters, or even criminal law that may arise in your case.

You can count on Joseph J. Russell Divorce & Family Law Attorney of Wilentz, Goldman & Spitzer, P.A., to provide the responsiveness, frequent updates, and confidentiality you deserve every step of the way. Contact our team today to arrange your initial consultation and learn how we can help you move forward.

What Are the Seven Steps to a Divorce In New Jersey?

First Step: File a Divorce Complaint/Petition

Before you can begin the divorce process in New Jersey, you must determine your grounds for divorce. New Jersey allows both fault and no-fault grounds. No-fault grounds include irreconcilable differences, meaning you and your spouse have experienced marital conflicts for at least six months with no reasonable chance of reconciliation. You can also file for a no-fault divorce based on a separation period if you’ve lived apart for at least 18 months. Fault grounds, on the other hand, involve specific actions by one spouse, such as adultery, cruelty, desertion, or habitual substance abuse.

Once you establish your grounds for divorce, the first step in the New Jersey divorce process involves filing a Complaint for Divorce with the court. This document outlines the basic details of your marriage, grounds for divorce, and demands for child custody, alimony, asset division, and other key issues. You must file the Complaint in the Superior Court of the county where you or your spouse resides.

After you file the Complaint, you must ensure your spouse receives a copy of it so they are aware that you have initiated divorce proceedings. This is known as the service of process. In New Jersey, you can serve the Complaint through a sheriff, a process server, or, in some cases, certified mail. Your spouse will have a limited time to respond once they receive the Complaint.

Second Step: Appearance/Answer and Counterclaim

The spouse who receives the Complaint for Divorce usually has 35 days to respond. There are three different ways to respond:

  • Appearance – If the other spouse files an Appearance, it means they acknowledge the divorce without disputing any of the claims in the Complaint.
  • Answer – If the other spouse files an Answer, they can respond to each point in the Complaint with different positions on the issues.
  • Counterclaim – If the other spouse files a Counterclaim, they can formally present their own grounds for divorce and outline their desired outcomes.

This step allows both parties to document their positions clearly, which is essential for preparing for the next phase of the divorce and moving forward with negotiations or court hearings.

Third Step: File a Case Information Statement

After the service of process and the other spouse’s response, each spouse must complete and file a Case Information Statement (CIS). This document provides the court with a detailed look at your financial situation, which is essential for resolving issues like child support, alimony, and asset division. You must include personal details such as the following:

  • Your date of birth, address, and marriage date
  • Your employer information and income details, including recent pay stubs and tax returns
  • Your monthly expenses, such as housing, food, utilities, and childcare expenses
  • Your liabilities, such as loans or mortgages
  • Details of any life insurance policies you have

This comprehensive overview allows the court to understand your financial needs and obligations. Filing a complete and accurate CIS is necessary because it sets the foundation for negotiating and determining fair financial support and asset division arrangements.

Fourth Step: Settlement Agreement/Early Settlement Panel

Once you and your spouse have completed their financial disclosures, the court might refer you to the Early Settlement Panel (ESP). If this happens, participation in the ESP process is mandatory. The ESP consists of experienced family law attorneys who volunteer to help couples reach fair settlements without the need for a trial.

Before attending the panel, you and your spouse can attempt to negotiate a settlement agreement on your own or with the help of your attorneys. This agreement must outline your decisions on key issues like child custody, parenting time, spousal support, and the division of marital assets and debts.

If you cannot agree on all relevant factors, the ESP will review your case and make recommendations for resolving the remaining issues. While the ESP’s suggestions aren’t binding, they help many couples move closer to final agreements. Reaching a settlement at this stage can save you time, reduce your legal costs, and help you avoid the stress of a courtroom battle.

Fifth Step: Economic Mediation

If you and your spouse still cannot agree on financial issues after the Early Settlement Panel, the court may require you to attend economic mediation.

In economic mediation, you work with a neutral, court-approved mediator with experience in family law and financial matters. The mediator can help you and your spouse negotiate unresolved financial issues, such as alimony, child support, and asset division. Economic mediation provides a less formal environment for discussing your concerns openly.

During mediation sessions, each side can propose solutions, and the mediator will offer guidance to help you reach a fair compromise. While the mediator does not have the authority to make binding decisions, they can facilitate discussions to promote understanding and settlement. Reaching an agreement during economic mediation allows you to avoid additional court proceedings and can significantly reduce the duration and cost of your divorce.

Sixth Step: Intensive Settlement Conference

If economic mediation doesn’t lead to a resolution, the court might also order you to attend an Intensive Settlement Conference (ISC). This conference is a final attempt to settle any outstanding issues before going to trial.

The ISC typically takes place at the courthouse and involves both spouses, their attorneys, and a judge or court-appointed official who facilitates the discussion. During the conference, each side presents their remaining points of contention and reconsiders potential solutions.

At this stage, the court might provide feedback on possible outcomes if your case proceeds to trial, which often encourages parties to find common ground. The goal of the ISC is to settle the case without the need for court intervention. An effective ISC can help you finalize your divorce terms and avoid the cost, time, and uncertainty of a trial.

If you reach an agreement, the court can approve your settlement and allow you to move forward and complete the divorce process.

Seventh Step: Divorce Trial

If all settlement efforts fail, the final step in the New Jersey divorce process is a divorce trial. During a trial, each spouse presents their case before a judge, who makes the final decisions on all unresolved issues. These issues can include child custody, visitation, alimony, child support, and asset division.

Each side provides evidence and may call witnesses, such as financial experts, to support their claims. Both spouses’ attorneys can also make arguments, question witnesses, and present documents to help the judge understand their positions.

After hearing both sides, the judge issues a binding decision that settles the contested issues in the divorce. While a trial offers a final resolution, it can be time-consuming, costly, and stressful. The judge’s ruling becomes the court’s divorce order, which each spouse must follow.

Even though a trial is usually a last resort, it can offer closure when spouses cannot reach agreements through any other means.