Before any divorce is finalized, it is considered to be in the “prejudgment” phase. Navigating this prejudgment phase can often be overwhelming to both parties involved in the divorce, as the formality of the process, the paperwork involved, attendance at required court hearings, and ensuring your specific needs and concerns are accounted for throughout the process can be difficult, stressful, and time-consuming.
At Jacobs Berger, LLC, our attorneys are intimately familiar with all of the intricacies of the Family Division of the New Jersey Superior Court, and we are prepared to provide you with knowledgeable, attentive, and effective guidance every step of the way.
Having already served many clients, we are ready to put our unique approach to work for you today. Contact our firm to discuss your specific needs and concerns for your prejudgment divorce process in a Strategic Planning Session today.
What does the Prejudgment Divorce Process Involve?
Keeping in mind that every divorce is unique, and can be resolved through a variety of different processes and strategies, the basic elements of any prejudgment divorce will involve (in no particular order):
- Initiation and Response of a Claim for Divorce – The divorce process is begun by one party (the plaintiff) filing for a divorce in their respective county courthouse. That divorce can be answered by the defendant, resulting in what is known as a “contested divorce”, or remain unanswered, resulting in what is known as an “uncontested divorce”. Either way, the key divorce issues of child custody, child support, spousal support, and division of assets and debts will need to be decided before the divorce can be granted.
- Attendance of Court Appearances – Throughout the prejudgment divorce process, various court appearances will be necessary. These can include case management conferences, conferences regarding the early settlement of divorce issues, and intensive settlement conferences. Your attorney will be able to advise you at exactly what to expect at each of these court appearances, when they are, and how to navigate them.
- Preparation and Filing of Documents – Not only will you be required to submit a great deal of financial information to the courts during your prejudgment divorce, you may also be asked to submit a plan for child custody and parenting time, and general Case Information Statements as well. Your attorney can help you prepare all of these documents, and ensure they are accurate, legal, and in-line with the court’s expectations.
- The Discovery Process – Your spouse’s attorney may and will require you to submit, and respond to, various requests for information such as Interrogatories, and Notices to Produce, and may also require you to participate or attend depositions.
- Mandatory Mediation Sessions – The pre-divorce judgement court may also require you and your spouse to attend mandatory mediation sessions regarding the resolution of your divorce issues. The goal of these sessions is to help you and your spouse decide these issues without the intervention of the courts.
- Attendance at the Final Hearing – Once all of your divorce issues have been decided and put into writing in your Marital Settlement Agreement, you will be required to attend the final hearing where a judge will ask you various questions regarding the fairness, legality, and your compliance with this Martial Settlement Agreement before your divorce judgement can be granted.
Clearly, a great deal of appearances, information, procedures, and agreements will need to be met and finalized before a divorce judgement can be granted. Our attorneys are prepared to guide you through each of these elements, and help you resolve your divorce in a manner that is fair to you, properly takes into account your unique needs and concerns, and sets the foundation for successful parenthood, and a successful legal and financial future moving forward.
Financial Support and Protection During
Beyond the mandatory appearances, documents, and processes you will be required to participate in before your divorce judgement can be granted, it may also become necessary to decide certain financial matters during the prejudgment process itself. While a spouse may be granted alimony or child support after the ultimate divorce resolution, they may also require this support during the prejudgment process. They may also wish to secure or preserve certain assets before the division of assets process is finalized.
The attorneys of Jacobs Berger, LLC, are prepared to help you with any of these potential pre-divorce judgment issues including:
- Temporary Spousal Support
- Temporary Child Support
- Allocating responsibilities for payment for various family expenses and liabilities
- Preserving marital assets
- Compelling compliance with discovery and procedure processes
- The evaluation of assets
Finalizing Your Divorce
The goal of our firm is to help you resolve your divorce in such a way the protects your financial stability, and the stability of your children and your lives together. We seek to do this through negotiation and settlement, but we recognize that this isn’t always possible.
When you and your spouse cannot resolve all of your divorce issues in this manner, it will become necessary for a trial to be conducted, and for a judge to make an ultimate ruling regarding whatever issues you cannot decide. When this becomes the case, our attorneys are prepared to provide you with effective and tenacious litigation, and ensure the judge properly takes into account all of your specific needs and concerns for whatever divorce issue is being decided.
Once all of the divorce issues of child custody and parenting time, child support, alimony, and division of assets and debts has been decided, whether through negotiation or through court intervention, the resulting decisions will be put into writing, and your divorce will be granted according to the terms outlined in your Settlement Agreement.
Contact Our Divorce Attorneys Today
The law firm of Jacobs Berger, LLC, is focused on the divorce issues most important to families.
If you are concerned with navigating the prejudgment divorce process, need legal representation during the prejudgment process to decide temporary support issues, or wish to protect marital assets and financial responsibilities, we are ready to provide you with the attentive, compassionate, and effective legal service you need and deserve.
Whether your divorce is ultimately decided through litigation or settlement negotiation, our firm is prepared to provide you with solutions that properly take into account your unique needs and concerns, and help you protect the stability of you and your family.
To schedule a Strategic Planning Session with our firm today regarding your divorce, or any specific concerns you may have related to the prejudgment process, please contact us online, or through our Morristown, NJ office at (973) 281-4859..