The emotional process of getting a divorce begins by making the decision that you want one; the practical procedure for obtaining one starts by talking to an attorney. A divorce lawyer like Eric Hannum will help you throughout the process, from the first filing to the signing of the final agreement, to make sure your rights and interests are respected throughout.

Step 1: File The Complaint For Divorce.

Assuming at least one of you has lived long enough in New Jersey to file for divorce there (usually 12 months), you can file the initial complaint for divorce. This document begins the divorce process but has to also include the grounds for getting it. Though many couples will simply opt for “irreconcilable differences,” New Jersey recognizes the following grounds for divorce as well:

Adultery,

A Separation of at least 18 months,

Drug Addiction,

Desertion,

Deviant Sexual Conduct,

Extreme Cruelty,

Felony Conviction or Imprisonment.

Which grounds you choose are important, as they change which forms to use and some of the procedures and rights that are relevant throughout the process. In general, however, if you are hoping for a mutual and relatively cost-effective divorce, irreconcilable differences will be the grounds to choose. Then, you have to notify your spouse of the filing through official channels, as that starts the countdown on the next steps.

Step 2: Complaint Responses

Your spouse (or you if you have just received notice of complaint) has a strict deadline to respond to the complaint. This is a chance to make a counterclaim or bring up relevant points that were omitted in the original complaint. If no response is given, your attorney will help steer you toward a default divorce, which could be entered if your spouse never replies or never shows up in court.

Step 3: Case Management And Discovery

Once all petitions have been replied to, and assuming you are not headed for a default divorce, you’ll need to sit down briefly for a case management conference. These days, this is often done online. It will determine if a trial is necessary (hopefully, it will not) and set up the discovery process. During discovery, information is gathered and exchanged, especially about the financial situation of the marriage. Both spouses' assets, debts and property need to be assessed so that the eventual division of assets can be achieved equitably.

Step 4: Alternative Dispute Resolution And The Early Settlement Process

Perhaps the most important part of the divorce process is the alternative dispute resolution stage. It gives you a chance to settle on a divorce agreement without the need for a courtroom trial. It is not always simple to do so, however, as emotions run high. Even a single point of disagreement can derail the efforts to find a compromise. Fortunately, your lawyer can often guide you through negotiations, mediation, and even arbitration to reach a divorce agreement, even when compromise seems difficult or impossible. Eventually, assuming you can agree on precise terms for everything from the division of assets to custody arrangements for your children, you can both sign the agreement and have it submitted to a judge for approval. Alternatively, during the Early Settlement Process (ESP), you can each submit your information, situation, and preferences to a panel of attorneys who will help you compose a compromise, giving you one last chance to resolve the divorce without going to court.

Step 5: Trial

If all of the alternative dispute resolution methods fail, and no agreement can be made, then, and only then, will the divorce proceeding reach the trial stage. Going to court adds significant time and expense to the divorce process, unfortunately. Worse, it takes power over the final agreement out of your hands, as a judge will ultimately decide on all the details you would have been able to agree on through mediation or ESP. This means that by waiting for a trial, you could end up with an agreement you find unacceptable or that makes both you and your ex unhappy. Additionally, due to the months or even years required, a trial can multiply the expense required for a divorce. That is why, of all the steps in the divorce process, it is the one your attorney will tell you should be avoided unless strictly necessary to get free.

Eric Hannum | Get the freedom and fresh start you deserve with the help of Burlington County divorce process lawyer Eric Hannum.

Hopefully, you now have a better idea of what to expect from the New Jersey Divorce process and can approach it with determination rather than fear. With the help of a skilled and experienced divorce and family law lawyer like Eric Hannum, you can get through the process with minimal harm and maximum speed.

Whether you are considering filing or have received a complaint of divorce already, call our office at (732) 365-3299 or reach out online to schedule a consultation to discuss your situation and the next steps toward a divorce, as well as freedom.