The Divorce Process

Jacobs Berger Divorce Attorney Morris county Nj

The Divorce Process Attorneys

While nearly everyone has had a family member or close friend go through a divorce, few individuals truly understand the full divorce process in New Jersey. This is primarily due to the often confusing procedures and protocols, complex legal issues, and widely varying experiences of divorcing couples based on their circumstances. However, there are a few constants which will hold true no matter what your unique situation. Divorces in New Jersey require proper paperwork, reaching a legal divorce settlement agreement, and having your divorce finalized by the New Jersey Family Courts.

The divorce and family law attorneys of Jacobs Berger understand the many complexities of the divorce process. Our experienced and qualified divorce attorneys work closely with our clients and their families to mitigate the many financial and emotional stresses of divorce during and after your legal proceedings. This approach has led to innumerable satisfied clients from local Morris County communities.

Call our office today to discuss your questions and concerns when it comes to a divorce or family law matter in a confidential and comprehensive Strategic Planning Session with a member of our legal team.

Divorce Attorneys Help Clients File for Divorce

The divorce process will only formally begin once a spouse has filed for divorce. Our Madison divorce attorneys represent clients who are both filing for divorce or those of whom have been served with divorce papers. Depending on your situation, the beginning of your divorce process might look something like this:

Spouses filing for divorce must do so by filing triplicate divorce complaints with your local courthouse. Complaints must be filed in the county where the divorce took place (where you lived at the time when your marriage began to deteriorate). All divorces must be filed as either no-fault or fault-based divorce. It is recommended that you discuss how to file with an experienced attorney before doing so to understand how this decision may impact your divorce proceedings.

Spouses who have been served with divorce papers have the option to respond in one of four ways. These responses must be entered within 35 days of receiving the divorce paperwork.

  1. No response. If you do not object to any of the terms of the divorce paperwork, no response is necessary. Your divorce will move forward as “uncontested”
  2. File an AppearanceThis option is for spouses who take no issue with the grounds for divorce but would like to change aspects of the settlement agreement such as child support, alimony, and so on
  3. File a CounterclaimCounterclaims allow spouses to offer different grounds for divorce which may contradict or supersede the initial filing
  4. File an AnswerAn answer is meant to challenge the validity or truthfulness of claims made in a divorce filing

Divorce Settlement Agreement Lawyers Resolve Disputes During Divorce

As part of the divorce process, our Randolph divorce lawyers will help you and your spouse come to a settlement agreement. These agreements are the source of the majority of divorce disputes in New Jersey, and may address complex issues including:

  • Equitable distribution of marital assets – property such as owned real estate, businessesinvestments, and even debts must be divided during divorce. Spouses are not necessarily entitled to 50 percent, which can lead to disputes over fair terms of division
  • Child custody – where and with whom children will live is often the number one priority of parents during a divorce. Child custody governs not only residential custody, but also legal (decision making) custody in New Jersey
  • Child support – financial support may be available for custodial parents. This is heavily dependent on your child custody arrangements and the financial situation of each co-parent
  • Alimony and spousal support – spousal support is considered one a one-off basis without any formal formula

When is my Divorce Finalized in New Jersey?

In order for your divorce process to complete, you and your spouse must be awarded a Final Judgement of Divorce by a New Jersey judge. Essentially, the NJ Superior Court will need to determine that all of your paperwork is in order and your divorce settlement agreement is both lawful and equitable. At this point, judges may also relieve previous court orders such as temporary alimony or temporary child custody which will now be handled by your fully enforceable divorce settlement agreement.

After your divorce has been finalized, it may be possible to have the terms of your settlement agreement modified, terminated, or appealed depending on the nature of your circumstances. Considerations for issues such as division of marital assets and debts are unlikely to be changed. However, substantial changes in financial or personal circumstances down the line might allow divorced individuals to successfully modify child custodymodify child support, or modify alimony agreements.

Contact our Divorce Proceedings Attorneys Today

At Jacobs Berger, our divorce proceedings attorneys have extensive experience helping clients navigate the divorce process. We view each divorce case we take as an opportunity to help our clients build a solid foundation for their family’s future. Although the divorce process has a finite beginning and end, we believe in offering legal services which extend beyond and prepare our clients for their new lives.

To learn more about the divorce process in a confidential and comprehensive Strategic Planning Session, please contact us online or call our Morristown, NJ office by dialing (973) 710-4366 today.