Divorces, Orders, & Judgments

Divorce isn’t easy, but you probably already knew that. There are a myriad of things that have to be taken into consideration when preparing for a divorce. The divorce process doesn’t just affect the spouses, but it also affects children and family. Whatever your reason is for needing a Bergen County divorce lawyer, we are here to guide you through the process with a gentle hand.

How do I get a divorce in NJ?

Divorce is a legal process, much in the same way that marriage is a legal process. The amount of time that it takes to finalize a divorce can vary, but the steps taken usually look something like this:

1. File a divorce complaint with the county court. Your complaint will include both yours and your spouse’s name, the date and location of the marriage, and the grounds for divorce. The county that you live in determines which court you file your complaint with. If you live in Bergen County, you’ll file a divorce complaint with the Bergen County court. The spouse that brings forward the claim is the plaintiff.
2. Wait for a response. After filing your complaint with the court, your spouse has an opportunity to answer the divorce complaint and bring forth any issues or counterclaims.
3. File financial information statement (CIS). Both spouses are required to file Case Information Statements that include any financial information that may be relevant to the divorce. This document provides the court with all the assets and liabilities that may be subject to equitable distribution. In addition, it aids counsel in determining income for purposes of alimony and child support.
4. Negotiate settlement options. It’s common to settle divorce cases rather than end in a  trial. If both spouses aren’t able to come to a settlement agreement, an Early Settlement Panel reviews the case and offers recommendations to resolve outstanding issues. If both spouses accept the recommendations made by the panel, the court grants a divorce. Otherwise, this step is sometimes followed by mediation or more litigation.
5. Attend a settlement conference. In certain cases, you may be required to attend an Intensive Settlement Conference with a judge prior to taking your divorce to trial. This is similar to mediation, but takes place in a courthouse in front of a judge. The judge will offer recommendations for settlement, but the recommendations are non-binding.
6. Head to trial. If both spouses are still not able to come to an agreement, the divorce heads to trial. Complaints from both spouses are presented to the court, and the court makes the final decision on all of the issues presented.

Due to the ongoing pandemic, conferences, mediations, and trials are taking place virtually. Divorces may take longer than usual to finalize.

What is a collaborative divorce?

Collaborative divorce means that both spouses work together with their attorneys towards a common resolution, instead of both spouses working against each other. Traditionally, divorce is seen as a contentious process. Both spouses and their attorneys fight over every detail in an attempt to achieve a more favorable outcome for their side. It doesn’t have to be that way. Divorce cases like these are expensive, exhausting, and time consuming for everyone involved.

At SNGH Law, we prefer to take a more economic and effective approach to reaching settlement. Call (201) 540-9017 to schedule a consultation, or Contact Us.

 

What is a divorce decree?

A divorce decree, or final divorce decree, consists of two documents. The first is the Judgement of Divorce, which is the document signed by the judge that shows the parties are divorced. The other is either a Property Settlement Agreement or Marital Settlement Agreement, signed by both parties and their counsel, lays out the final terms of the divorce and is incorporated into the Judgement of Divorce. In essence, a divorce decree can be considered a contract. It memorializes the entirety of the divorce agreement between the parties, including but not limited to alimony, child support, parenting time, and division of assets and liabilities.

Can divorce agreements be modified?

Divorce agreements can sometimes be modified when circumstances change. The modifications can be done either by consent or by the court. The circumstances that dictate whether a divorce agreement can be modified are reviewed on a case by case basis.

How are divorce decrees enforced?

Divorce decrees are enforced by filing a Motion to Enforce Litigant’s Rights in the event that one party is not abiding by the final decree.

How are assets distributed in a divorce?

In New Jersey, assets and liabilities in a divorce are distributed based on equity. This means that marital assets won’t necessarily be distributed 50/50, but the court will determine both which assets should be distributed and how those assets should be distributed.