SJ Mag: How Does the Divorce Process Work in NJ?

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In New Jersey, a divorce is initiated by filing a Complaint with the Superior Court. After being served, your spouse will have 35 days to file an Answer and Counterclaim. The first proceeding is a Case Management Conference where the Court will set forth deadlines for filings and discovery (e.g, depositions, appraisals, etc.). If there are children involved, the Judge will generally refer the parties to custody and parenting time mediation through the Court.

Thereafter, the parties will engage in a period of discovery by exchanging necessary documents and information. The parties are free to negotiate and attempt to settle the case at any time during this process.

Once discovery is complete, the parties will attend a Matrimonial Early Settlement Panel where two experienced, neutral attorneys will make a recommendation as to how to settle the financial issues of the case.

If the parties are still unable to reach an agreement, the Court will likely refer the parties to economic mediation with a private mediator.

If after negotiation and mediation, the matter remains unresolved, ultimately, the Court will schedule a trial to decide any issues that remain in dispute. Due to the time and expense associated with extended litigation, the vast majority of cases are resolved by way of settlement

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