The New Jersey Divorce Process

Let Us Help You Understand New Jersey Divorce Laws

For over 30 years, we have been helping our clients understand New Jersey divorce laws. You are already going through a stressful situation, which is why we take the time to get you the answers you need whether they are psychological, financial or legal. It is reasons like this that makes us some of the best divorce lawyers in New Jersey.

Beginning the Process

To obtain a divorce in New Jersey, one party must file a legal document in court called a Complaint. This establishes the legal grounds for divorce. The Complaint must state one of the following grounds, since the court cannot grant a divorce without it.

  • Adultery
  • Desertion
  • Extreme cruelty
  • 18-month separation (commonly known as a no fault cause of action - living separate and apart for 18 months in different homes)
  • Habitual drug addiction
  • Habitual drunkenness
  • Institutionalized for mental illness
  • Imprisonment
  • Deviant sexual conduct
  • Irreconcilable differences (must have existed for six months prior to filing)

What Happens Next

Once the other party answers the Complaint, the court will assign the case several dates for specific legal events:

  1. If children are involved, the first date will be a Parent's TM Education Program where the parties will listen to a judge speak regarding the impact of the divorce on children. Most people find this a very valuable program.
  2. The second date will be a Case Management Conference with the judge who will handle the case. At that meeting, a schedule is established to exchange financial information for your case.
  3. The third date will be an Early Settlement Panel date in court. Two experienced matrimonial attorneys meet with both parties and their attorneys and make recommendations to help resolve the case.
  4. Economic Mediation will be the next step. If the case cannot settle at or after an Early Settlement Panel, the case will be transferred to an Economic Mediator who will assist in settling the case.
  5. Very few divorces end up having trials. It is extremely expensive, stressful and paralyzes families.

At Deitch and Perone, P.C., we strive to help you settle your New Jersey divorce case without going to trial. If court cannot be avoided, we will proceed to trial and defend your rights rigorously. Contact us online today for more information.