Weinberger Law Group Seminar: Divorce 101 - Live seminar recorded on YouTube: http://youtu.be/8uJjOnZmGxg - Find important and invaluable information for starting the divorce process in New Jersey along with what to expect in this seminar given by Bari Zell Weinberger of Weinberger Law Group. For more information on Divorce or other Family Law issues visit: http://www.WeinbergerLawGroup.com

1. Bedminster • Freehold • Hackensack • Mount Laurel • Parsippany
Divorce 101 The New Jersey Divorce Process
H O W D O I S TA R T M Y D I V O R C E & W H AT S H O U L D I E X P E C T ?

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DIVORCE 101
DISCLAIMER
This presentation contains general information and does not constitute legal advice.
Be sure to direct specific questions about your own situation to an attorney.

3. THE NEW JERSEY DIVORCE
PROCESS
DIVORCE 101: STAGE ONE: THE NEW JERSEY DIVORCE PROCESS

4. DIVORCE 101
The New Jersey divorce process
• Stage One: Beginning the Divorce Process
• Stage Two & Three: Case Management and Discovery
• Stage Four & Five: Early Settlement Panel and
Economic Mediation
• Stage Six & Seven: Intensive Settlement Conference
and Trial
• Post-Divorce Considerations
• Questions & Additional Help
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5. www.wlg.com/divorce-roadmap
FOR A COMPLETE DESCRIPTION OF STAGE ONE, DOWNLOAD OUR PDF:
Stage 1: Beginning the Divorce Process
DIVORCE 101: Stage One: The New Jersey Divorce Process
Stage One: Beginning the Divorce Process
The typical New Jersey divorce begins when one spouse files a complaint for divorce:
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• The “complaint” is legal paperwork that you or your attorney give to the courts to start your divorce process.
• It states grounds for divorce, either no-fault (such as irreconcilable differences), or fault (such as infidelity).
• It must be filed in family court, together with supporting forms.

6. DIVORCE 101: Stage One: The New Jersey Divorce Process
Q: Do I have to prove that my
spouse did something wrong to
get a divorce?
Irreconcilable differences is the most common type of no-
fault divorce in New Jersey.
Defined, generally, as the existence of significant differences
between a married couple causing the breakdown of the
marriage and for a period of at least six months, with no
reasonable chance of reconciliation.
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A: No. New Jersey permits a no-
fault divorce.

7. DIVORCE 101: Stage One: The New Jersey Divorce Process
A Note about Private Divorce
Mediation
• If you and your spouse can come to an agreement,
consider private divorce mediation as a way to resolve
your case.
• One of you will still need to file for divorce, but some
divorcing couples choose to attend mediation first.
Mediation can reduce costs.
• A divorce mediator does not represent either party, each
of you may still need separate attorneys, unless you
choose to represent yourselves.
• For more information, see our companion slideshow:
Divorce Mediation 101.
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DIVORCE 101: Stage One: The New Jersey Divorce Process
Initial Divorce Papers
• Spouse filing the complaint becomes the “plaintiff.”
• Plaintiff receives the filed paperwork (complaint) back from the court.
• The plaintiff then serves spouse with summons and complaint within 10 days.
• Plaintiff files proof of service, to say that paperwork has been served.
COMPLAINT: Paperwork that states facts and grounds for divorce.
• Responding spouse becomes the “defendant”.
• Upon receipt of the complaint and summons, the defendant has 35 days to file an
appearance or answer, which may include a counterclaim.
RESPONSE: Appearance, Answer and/or Counterclaim.

9. DIVORCE 101: Stage One: The New Jersey Divorce Process
A SPECIAL CASE: DEFAULT
JUDGMENTS
• If no response to initial complaint within 35 days, the
plaintiff can seek a default judgment.
Example: You can’t locate your spouse.
• This can also be an intentional strategy, by agreement, as
a route to uncontested divorce.
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DIVORCE 101: Stage One: The New Jersey Divorce Process
STAGE 1:
Beginning the Divorce Process

11. THE NEW JERSEY DIVORCE
PROCESS
DIVORCE 101: STAGE TWO/THREE: THE NEW JERSEY
DIVORCE PROCESS

12. www.wlg.com/divorce-roadmap
FOR A COMPLETE DESCRIPTION OF STAGES TWO AND THREE, DOWNLOAD OUR PDF:
Stages 2 and 3: Case Management and Discovery
DIVORCE 101: Stage Two/Three: The New Jersey Divorce Process
Stage Two & Three: Case Management and Discovery
Within 30 days of the last date for filing an answer to the complaint (or to defendant’s counterclaim, if any) the court will schedule a
case management conference (CMC) to:
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• Fix deadlines for completion of discovery based on the number and type of issues in your case, and
• Determine if any expert reports will be necessary for trial (e.g. child custody expert).
Discovery: This is the effort to discover facts relevant to the divorce case through requests for documents and information about
things such as earnings, monthly budgets, assets, debts, etc.

13. DIVORCE 101: Stage Two/Three: The New Jersey Divorce Process
A NOTE ABOUT TEMPORARY MOTIONS
Do you need immediate help from the court?
You can file a pendente lite motion for temporary relief at any time during your case. This could be for:
Financial Support
• Temporary Spousal Support
• Temporary Child Support
Parenting Schedule
• Temporary orders for custody and visitation
(parenting time)
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14. DIVORCE 101: Stage Two/Three: The New Jersey Divorce Process
The court will send most cases involving custody or
parenting time issues to court-mandated parenting
mediation.
All cases involving parenting disputes are assigned to the
priority track at the case management conference (CMC).
The judge will set a hearing date within six months of the
answer to the complaint or the counterclaim.
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Do you have a custody or
parenting time dispute?

15. DIVORCE 101: Stage Two/Three: The New Jersey Divorce Process
• Court-Ordered Parenting Classes
• Parents Propose Parenting Schedules
• Court-Ordered Mediation for Disputes
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The court will require you to try
to settle your parenting issues:

16. DIVORCE 101: Stage Two/Three: The New Jersey Divorce Process
Q. What if you can’t resolve your
parenting issues through
negotiation or mediation?
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A. The court will want an expert
opinion.

17. DIVORCE 101: Stage Two/Three: The New Jersey Divorce Process
Custody Investigations & Evaluations
Family Division Investigations
• The judge can order a social investigation
and “best interests of the child” report
• May include home inspections for shared
parenting time
• May also include psychological, psychiatric,
parental functioning assessments or mental
health evaluations if necessary
• The judge can also interview the child in
chambers
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Private Custody Evaluations
• Parents can jointly hire a mental health
expert to conduct the investigation and
prepare the report, or
• Parents can each hire their own expert
• Child custody evaluators must be neutral
and follow uniform standards, regardless of
who hires them

18. • Dividing assets and debts
DIVORCE 101 : 2. STAGE TWO/THREE:
The New Jersey Divorce Process
• Alimony (spousal support)
• Child support
You may also need financial experts
at trial if you are unable to settle
your property or support issues:

19. DIVORCE 101: Stage Two/Three: The New Jersey Divorce Process
A FEW EXAMPLES OF
FINANCIAL EXPERTS:
• Financial Advisor
• Forensic Accountant
• Real Estate Appraiser
• Business Appraiser
• Pension Appraiser/Actuary
• Vocational Expert
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20. DIVORCE 101: Stage Two/Three: The New Jersey Divorce Process
What is Discovery?
• Parties file and exchange Case Information Statements
(CIS) containing detailed information
• The court sets guidelines for additional “discovery” – a
formal exchange of necessary information– at the Case
Management Conference
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21. DIVORCE 101: Stage Two/Three: The New Jersey Divorce Process
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What does the Case Information Statement (CIS) include?
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03
04
FINANCIAL
INVENTORY
DEBTS
EXPENSESASSETS
INCOME
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DIVORCE 101: Stage Two/Three: The New Jersey Divorce Process
Additional discovery in a divorce case often includes:
• Either party may ask the other for relevant documents, such as credit card statements,
deeds, other title documents, business records, etc.
Document Demands
• Either party may send formal written questions to the other asking for information necessary
to resolve the case.
Interrogatories:
• Either party may ask the other party, or other witnesses in the case, to give testimony
outside of court that will be transcribed by a court reporter.
Depositions:

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DIVORCE 101: Stage Two/Three: The New Jersey Divorce Process
STAGE 2 AND 3:
Case Management and Discovery

24. THE NEW JERSEY DIVORCE
PROCESS
DIVORCE 101: STAGE FOUR/FIVE: THE NEW JERSEY DIVORCE
PROCESS

25. www.wlg.com/divorce-roadmap
FOR A COMPLETE DESCRIPTION OF STAGES TWO AND THREE, DOWNLOAD OUR PDF:
Stages 4 and 5: Early Settlement and Economic Mediation
DIVORCE 101: Stage Four/Five: The New Jersey Divorce Process
Stage Four & Five: Early Settlement Panel and Economic Mediation
Trials are expensive and burdensome for both the parties and the courts. New Jersey courts require most divorcing
couples to participate in a series of court-mandated settlement efforts before going to trial:
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• Settlement Negotiations
• Early Settlement Panel (ESP)
• Economic Mediation

26. DIVORCE 101: Stage Four/Five: The New Jersey Divorce Process
What is the Early Settlement
Panel?
• Two or three experienced volunteer family law attorneys
review your issues and provide recommendations for
resolution.
• If both of you decide to accept the panel's
recommendations, you can go immediately to court to
put your settlement terms on the record.
• A judge will grant your New Jersey divorce before you
leave the courthouse that very day.
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DIVORCE 101: Stage Four/Five: The New Jersey Divorce Process
What is Economic Mediation?
If you do not resolve your financial issues after presenting your case to the early settlement
panel, the court will require you to choose an economic mediator to help you reach an
agreement.
SETTLEMENT
NEGOTIATIONS
EARLY
SETTLEMENT
PANEL (ESP)
ECONOMIC
MEDIATION

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DIVORCE 101: Stage Four/Five: The New Jersey Divorce Process
STAGE 4 AND 5:
Early Settlement and Economic Mediation

29. THE NEW JERSEY DIVORCE
PROCESS
DIVORCE 101: STAGE SIX/SEVEN: THE NEW JERSEY DIVORCE
PROCESS

30. www.wlg.com/divorce-roadmap
FOR A COMPLETE DESCRIPTION OF STAGES TWO AND THREE, DOWNLOAD OUR PDF:
Stages 6 and 7: Intensive Settlement Conference and Trial
DIVORCE 101: Stage Six/Seven: The New Jersey Divorce Process
Stage Six & Seven: Intensive Settlement Conference and Trial
If you still cannot settle your financial issues after economic mediation, the court will ask you and your attorneys to
attend an all-day settlement conference in a final attempt to avoid a trial.
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31. DIVORCE 101: Stage Six/Seven: The New Jersey Divorce Process
What happens if my divorce goes
to Trial?
• If your case goes to trial, a family court judge will review
evidence and hear testimony from you, your spouse,
your experts, and any other witnesses, before ultimately
making a final decision on all unresolved issues.
• Barring any appeals of the judge’s decision, you will have
a judgment of divorce with final orders.
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DIVORCE 101: Stage Six/Seven: The New Jersey Divorce Process
STAGE 6 AND 7:
Intensive Settlement Conference and Trial

33. THE NEW JERSEY DIVORCE
PROCESS
DIVORCE 101: POST DIVORCE: THE NEW JERSEY DIVORCE
PROCESS

34. www.wlg.com/divorce-roadmap
DIVORCE 101: Post Divorce: The New Jersey Divorce Process
The New Jersey Divorce Process:
Post-Divorce Motions for Enforcement
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• The majority of post-divorce issues occur when one party fails to carry out the terms of the final orders in the
case.
• You can file a “motion to enforce litigants’ rights” asking the court to enforce existing orders for child custody,
visitation, child support or spousal support.

35. DIVORCE 101: Post Divorce: The New Jersey Divorce Process
Post Divorce Modifications
• Child custody and child support orders can be modified
until children are emancipated (deemed to be
independent).
• Most alimony orders also remain modifiable under
certain conditions.
• All modifications require a substantial change in
circumstances.
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36. Bedminster • Freehold • Hackensack • Mount Laurel • Parsippany
Do you have other questions?
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37. Bedminster • Freehold • Hackensack • Mount Laurel • Parsippany
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(888) 855-3014
S C H E D UL E A F R E E CO NF ID E NT IA L L EG A L CO NS ULTAT IO N
TO D IS CUS S YOUR D IVORCE IN NE W J E RS E Y
The process and information contained in this presentation pertains to New Jersey Divorce Law.
This presentation is for information purposes only and does not constitute legal advice.
For guidance on your specific situation, please contact a divorce attorney.
DIVORCE 101: Questions? Can We Help?