Filing for Divorce: A Step-by-Step Guide
Follow this guide to understand the process and make your divorce proceedings as painless as possible.
First, consult with an attorney before making any major decisions. Divorce is a process that involves far more than just the legal dissolution of a marriage. It is a highly emotional and personal event, while also having the potential to present complex legal matters separate from the divorce itself: financial matters such as the valuation of businesses or assets; the fair division of assets or alimony; for families, issues of child support, custody agreements, and time spent with children. Settling these matters can be incredibly challenging, as they are some of the most critical decisions required in divorce proceedings. As such, they should be addressed as early on as possible. An attorney can help get ahead of these issues, and will work with their client to determine a plan of action that meets the client’s unique goals.
Next, get your financial information in order. Divorce proceedings will require the organization of financial information and important documents. Be prepared to present personal and business tax returns, statements of mortgage and utility payments, any and all investments, and retirement account information. Upon careful analysis of these documents, an attorney will more effectively understand their client’s rights to advocate on their behalf.
Once you’ve hired an attorney, work with your attorney to form a gameplan and agenda. A divorce attorney will present their client with all of their available options, and will work with the client to determine their best path forward. There are many ways to proceed with a divorce, including engaging in settlement negotiations, alternative dispute resolution like mediation or arbitration, or through litigation.
If the divorcing parties and their attorneys are able to reach an amicable resolution, either through settlement negotiations or with the help of a third party mediator, a potentially painful process can be resolved swiftly as an uncontested divorce. This would require limited filings and only one court appearance, alleviating strains of both time and cost.
If the divorcing parties are unable to reach an amicable resolution, the parties will proceed in a contested divorce. Litigation will be initiated by the filing of a complaint with the court. By filing this pleading, this client becomes the plaintiff. The complaint will present the matters in dispute and the plaintiff’s demands for resolution. If the adverse party, or the defendant, also chooses to enter a pleading, they will work with their attorneys to submit a counterclaim to the initial filing.
A contested divorce action will require more court appearances and additional filings. Each party will be required to complete a “CIS,” or Case Information Statement. This statement will include information regarding assets like earned and unearned income statements, expenses, and any debt the parties may have. This document is crucial for counsel, judges, and any mediators to evaluate the case, argue on their party’s behalf, or reach a final judgement.
Expanding upon the information provided in the CIS, the discovery process may include the submission of interrogatories (a written questionnaire), depositions (an oral interview taken under oath) and Notices to Produce (further exchange of important documents like bank statements, titles to real and personal property, credit card bills, etc.). The discovery process seeks to accurately evaluate the assets and cash flow of both parties, and may require consulting with financial experts like real estate appraisers and forensic accountants.
If child custody is involved, divorcing parties will be required to take certain steps like completing parent education courses or working with a parenting mediator. If a custody agreement cannot be reached amicably, the parties have the option to hire a joint or independent mental health professional to evaluate the situation and recommend an arrangement that is in the best interests of the child/children.
Divorcing parties may also be required to appear in court for Case Management Conferences (“CMC”), in which the assigned Family Part judge will seek to establish the matters in dispute and determine deadlines for the discovery period. These conferences are intended to ensure that the divorce is moving towards settlement, and, if not, that the case is sufficiently prepared for trial.
Should the matter end in settlement, the parties will appear before an Early Settlement Panel (“ESP”). Depending on the county, this panel will consist of one or two neutral third party family law attorneys who will hear the facts and recommend a settlement. This recommendation will be confidential and non-binding. The parties may also be ordered to or elect to attend economic mediation with a neutral third party – another process that would result in a confidential and non-binding recommendation for settlement.
If a dispute arises between the parties requiring the attention of the court, the parties may file a Notice of Motion to address the issue pending the outcome of a trial. If it is an issue that may pose irreparable harm and requires the court’s immediate attention, counsel may file an Order to Show to Cause on an emergent basis. Ultimately, if the case is not settled, the Court will eventually schedule pre-trial conferences and trial dates.
Mediation and arbitration are also known as “alternative dispute resolution.” These processes can serve as methods for settling divorce-related matters outside of a courtroom, which may be optimal depending on the situation. Learn more about the pros and cons of alternate dispute resolution here: (insert hyperlink to Mediator page)
Divorce cases rarely go to trial due to matters of time and cost. In the state of New Jersey, over 98% of family law matters end in settlement. In the event that divorcing parties cannot reach settlement, working with an attorney can help mitigate much of the stress and discomfort that may accompany what is a highly emotional life event.
If you have any questions regarding the above, or any family law concern, give Joe a call at (732) 726-6236.
