Your divorce could be handled by an Attorney representing you against your spouse, or by a Mediator who would help you negotiate and agree to settlement terms. In either case, the final resolution is a separation agreement, filed with the Court and approved by judicial order or judgment. An overview of the process follows:
A Complaint is Filed In the Complaint, a person alleges the grounds for the divorce and seeks relief for issues related to the marriage such as alimony, child support, parenting time and property distribution.
Temporary Orders for Relief are Sought After a Complaint is filed, either person has the right to seek temporary relief, such as a determination of temporary custody, support or a contribution to the cost of Attorney fees.
Discovery is Requested Prior to trial, an Attorney must obtain important information about his/her case from the opposing counsel. Financial documents, bank records and the identity of witnesses are examples. Often, experts are employed to establish the basis for relief.
Parental Education and Early Settlement Conferences Attended When minor children are involved, the couple are required to attend a seminar on Parent Educational. The seminar discusses the rights of children in the divorce process. If the case is not resolved by prior to trial, the couple appears before a Matrimonial Early Settlement Panel to address the economic issues in dispute.
Trial is Scheduled The issues still outstanding after the pre-trial process will be decided by a Family Part Judge in the county where the Complaint was filed. The vast majority (over 98%) of cases in New Jersey settle some time before Trial.
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