Recently, I was at a meeting, and the person across the table from me asked me a very thoughtful question: “Do you believe in settlement or is your philosophy to
Continue Reading Do I believe in Settlement? Well, It’s Not Like Sasquatch…
Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?
One of the first options to consider when you start your divorce is whether you want to proceed through litigation, mediation, or arbitration.
In general, at the outset of a
Continue Reading Be Prepared for Your Divorce Series: Part III – Litigation, Mediation, or Arbitration?Getting Divorced and Where to Start
Now that you have made the determination that you want to proceed with a divorce, you wonder what is/are the next steps. The following is a summary of the Procedural Steps in a Divorce Litigation and a summary of substantive issues that may be addressed in the divorce proceedings.
Procedural Steps for Divorce Litigation in New Jersey
1. The Filing of the Complaint: All divorce cases officially begin with the filing of a Complaint with the Family Court. The Complaint is the first pleading filed with the Court and it must be filed before any requests can be made to the Court such as requests for support or custody. There are filing fees associated with the filing of every Complaint.
2. After the Filing of the Complaint: Once the Complaint is filed, it is returned to your attorney, who serves it on the opposing party or the opposing attorney, if one has been retained. Service is usually accomplished by mailing the Complaint to the opposing attorney, along with an Acknowledgment of Service which they sign and return. You will also file an Affidavit of Insurance Coverage which states the types, extent and beneficiary of your insurance policies; in most cases, the party responsible for maintaining insurance coverage before the filing of the divorce complaint must continue to maintain that coverage unless a Court enters a different Order. After the service of a Divorce Complaint, you will be asked to fill out a “Case Information Statement” (“CIS”) which sets forth your personal and family assets, liabilities, income and expenses. In some cases, it may be appropriate to reflect past and/or projected expenses. It is extremely important that the CIS be as accurate and complete as possible because the Court and the attorneys will use the CIS throughout the case in assessing support and property distribution issues.