How Can I Prepare For An Impending Divorce?
First, decide that you really want a divorce. You would be surprised by the number of people who change their minds about following through or file just to scare their spouse. The second thing to do is to understand that you need support and where your support lies. Your support is usually with a professional, like a counselor or a priest, and not friends or family members. Next, you need to make copies of your financial records. Obtain records of accounts that you share with your spouse because once you start the process of divorce, you may be locked out of those accounts. Get statements from the last ten years because that is what the court will be looking at for the equitable distribution of assets and liabilities.
Are There Any Advantages Or Disadvantages To Being The First To File For Divorce?
I don’t care if my client is the defendant or the plaintiff because equitable distribution means that everything will be divided equitably. Whether you file first or second, the court is going to look at what is equitable. Rather than worrying about filing for divorce first, make sure you control your social media. Don’t go to Facebook and bash your spouse or air your dirty laundry for your children to someday read. You need to be very careful with social media as you proceed through a divorce.
What Options Does A Couple Have In Moving Forward With A Divorce In New Jersey?
A divorcing couple should consider mediation when they file for divorce. There are two options; you can either give the divorce or you can’t. New Jersey is a no fault state. That means you don’t need a reason to get a divorce. All you have to tell the judge is that your marriage has fallen apart and you want a divorce. All you’ve got to do is file and the minute the court clocks in that complaint, you are officially divorced.
Can You Walk Me Through The Process Of A Divorce In New Jersey?
The first thing that happens in a divorce is the complaint is filed. The recipient must be personally served the complaint. Once they receive the complaint, they have 35 days to file an answer. If they answer the complaint, the court will order a case management conference and they will be given the date by which they have to complete all the other tasks. After that, you will meet with the early settlement panel, which is sort of mini mediation with two attorneys who meet with you and your attorney to give you solutions to outstanding issues.
You’ll come back to the judge for another case management conference and he will give you a date to come and put the divorce through, or he will give you a trial date. In New Jersey, 44,000 divorce cases are filed annually. Less than two percent go to trial. If the other party did not answer the complaint, you will enter a default request, the court will give you a court date, and you will go in to deal with assets and liabilities.
For more information on Preparing For An Impending Divorce In NJ, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (973) 869-5444 today.
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