Guiding You Through The Divorce Process
The most common grounds for divorce in New Jersey are irreconcilable differences, a separation period of 18 months or longer, and extreme cruelty. The family law attorneys at Laemers, Murphy & Neggia, LLC, can help you understand your divorce and separation alternatives.
Initial Pleadings
A divorce proceeding begins when one person files a complaint for divorce. The complaint sets forth the grounds for divorce and asks for relief such as custody, spousal support, equitable distribution of assets and debts, payment of counsel fees or resumption of one’s prior name. The party who files the complaint is called the plaintiff.
The other party, the defendant, must then file a response to the complaint in the form of an answer (disputing the allegations of the complaint) or an appearance (not disputing the allegations of the complaint, but asking to be heard on any relief requested by the plaintiff). A defendant may also file a counterclaim seeking a divorce on his or her own grounds.
Temporary Relief Applications
A pendente lite application seeks relief from the court prior to the final hearing. The rulings in these orders are generally temporary and will be extinguished either by the terms of your final divorce decree or by the terms of your marital settlement agreement.
Temporary relief requests often include:
- Custody and parenting time
- Alimony and child support
- Maintaining health, auto, home or life insurance
- Payment of ongoing bills such as mortgage, utilities, automobile or credit card payments
- Prohibiting the sale or depletion of marital property
- Payment of attorney fees and expert fees
While these orders are temporary, they can provide vital stability during the divorce process.
Discovery
The discovery process enables each party to request documents and answers to certain authorized questions. The document production and answers to certain questions are made under oath and have the effect of testimony. These documents and responses can later be used at trial.
Generally, the information requested is financial in nature; however, if custody is in dispute, personal questions (such as physical and mental health, criminal history, etc.) are permitted to determine what custody arrangement is in the best interests of the children.
Interim Proceedings
Throughout the divorce process, you will be required to attend court to participate in various proceedings. These court appearances include case management conferences. You will also likely participate in custody and parenting time mediation. Our lawyers will help guide you through each of these processes, one step at a time.
Property Division And Equitable Distribution
Issues surrounding property division can be one of the most hotly contested aspects of any divorce proceeding. New Jersey law follows the rule of equitable distribution. It is important to keep in mind that ‘equitable’ does not mean the same thing as ‘equal.’ While a straight 50/50 split of property does occur on some occasions, it is more likely that property may be divided 60/40 or otherwise unequally.
The overriding factor for property division is to ensure that all marital assets and debts are divided fairly between the two parties. It is vital to have an experienced lawyer on your side who can help with property identification and valuation.
Our family attorneys are skilled at property division negotiations. We can let you know what your agreement is likely to entail and can advocate for your interests through negotiation or litigation.
Property That Can Be Subject To Division
Marital property and debts are subject to the rule of equitable division. Put simply, any assets or debts that are acquired throughout a marriage must be divided between the divorcing parties. Property that was owned prior to the marriage, gifts or inheritances may not be subject to division.
However, property that was owned before the marriage took place may effectively become marital property, depending on how it is used. These issues can become complicated quickly in a divorce, which is why having skilled legal counsel to help guide you through this process is essential.
Contact Our Family Law Attorneys To Find Out How We Can Help You
If your marriage has come to an end, we can help you assert and protect your interests. To schedule a free 30-minute consultation, call our law office in Newton at 973-869-5658. You may also contact us online.