Navigating Divorce in New Jersey: From Filing to Trial

Divorce can be a challenging experience, both legally and emotionally. If you are considering divorce in New Jersey, understanding the procedural steps from filing the complaint to the final trial can help you navigate this difficult journey with more confidence and clarity. This blog will guide you through the key stages of the divorce process in the Garden State, including an estimate of how long each step may take.

1. Filing the Complaint for Divorce

The first formal step in initiating a divorce is filing a Complaint for Divorce with the Superior Court of New Jersey. Here’s what you need to know:

• Grounds for Divorce: New Jersey recognizes both “no-fault” and “fault” grounds for divorce. No-fault grounds include irreconcilable differences and separation for at least 6 months. Fault grounds include adultery, cruelty, desertion, addiction, and imprisonment.
• Residency Requirement: At least one spouse must have been a resident of New Jersey for at least one year before filing, except in cases of adultery.
• Filing Process: The complaint must be filed with the Family Division of the Superior Court in the county where either spouse resides. The filing fee is $300, and an additional $25 fee is required for the Parent Education Program if there are children involved.

2. Serving the Complaint

Once the complaint is filed, it must be served to the other spouse (the defendant). This can be done in several ways:

• Personal Service: A process server or sheriff delivers the papers directly to the defendant.
• Mail: Certified or registered mail can be used if personal service is unsuccessful.
• Publication: If the defendant cannot be located, service by publication in a local newspaper may be necessary.

The defendant has 35 days to respond to the complaint.

3. Case Management Conference

After the defendant responds, the court schedules a Case Management Conference (CMC). The purpose of the CMC is to:

• Establish a timeline for the case.
• Address any immediate issues, such as temporary support or custody arrangements.
• Set deadlines for discovery (exchange of information and documents).

The CMC typically occurs within 90 days after the defendant files their response.

4. Discovery Phase

During discovery, both parties gather and exchange information relevant to the divorce, including:

• Financial documents (e.g. bank statements, tax returns).
• Property appraisals.
• Expert evaluations (e.g., business valuations, psychological evaluations).

Discovery helps ensure transparency and fairness in the division of assets, determination of support, and custody arrangements. This phase can take several months, typically lasting 3 to 6 months, however discovery may extend past the typical deadlines depending on the complexity of the case and the cooperation of the parties.

5. Settlement Negotiations and Early Settlement Panel

Most divorce cases are resolved through settlement rather than trial. Settlement negotiations can occur informally between the parties and their attorneys or more formally through mediation.

• Early Settlement Panel (ESP): If the parties cannot reach an agreement, they may be referred to an ESP, where experienced family law attorneys review the case and offer settlement recommendations.

The ESP usually takes place within 6 to 9 months after the filing of the complaint.

6. Economic Mediation

If the ESP does not result in a settlement, the parties may be required to attend economic mediation. A neutral mediator assists the parties in reaching an agreement on financial issues.

7. Intensive Settlement Conference (ISC)

If economic mediation fails, the court schedules an Intensive Settlement Conference. This is a last attempt to settle the case before trial, with a judge or court-appointed mediator helping to facilitate an agreement.

8. Preparation for Trial

If the case still cannot be settled, it proceeds to trial. Both parties and their attorneys prepare by:

• Submitting pre-trial memoranda outlining their positions.
• Organizing evidence and witness lists.
• Developing trial strategies.

9. Trial

The purpose of trial is to finalize the divorce. It typically involves:

• Opening Statements: Each party presents an overview of their case.
• Presentation of Evidence: Testimony from both parties, witnesses, and expert witnesses, along with documentary evidence.
• Cross-Examination: Each party has the opportunity to question the other’s witnesses.
• Closing Arguments: Summarizing the evidence and arguing for the desired outcome.

After hearing all the evidence, the judge issues a final judgment of divorce, which addresses all issues plead in the complaint, including but not limited to division of assets, alimony, child support, and custody.

The trial phase can take several months to complete, depending on the court’s schedule and the complexity of the case. On average, the entire divorce process, from filing the complaint to the final judgment, can take anywhere from 12 to 18 months. However, particularly contentious or complex cases may take longer.

10. Post-Judgment Matters

Even after the final judgment, issues may arise that require further court intervention, such as:

• Modifications of support or custody orders.
• Enforcement of the judgment.
• Appeals, if either party believes there was an error in the trial.

Divorce in New Jersey is a multi-step process that is complex and emotionally draining. As such, it is important to understand each stage, from filing the complaint to the final trial, can help you manage the process more effectively. Consulting with an experienced family law attorney can also provide invaluable guidance and support, ensuring that your rights and interests are protected throughout your divorce journey. Patience and preparation are key, as the timeline can extend from a year to over two years, depending on the specific circumstances of your case.

About the Authors

Brian Budic is Co-Chair of the firm’s Divorce and Family Law Practice Group He has extensive experience representing clients in all aspects of family law in New Jersey, including complex issues of divorce, equitable distribution, child custody, parenting time, child support, alimony, domestic violence, and prenuptial agreements. Brian knows the stress and emotional toll that his family law clients experience before, during, and after the divorce process. As a result, he treats every client with the empathy, responsiveness, and respect that they deserve.

Katelynn Joye Reilly, an associate with the firm, focuses her practice on family law and general litigation matters. Prior to joining the firm, Kate was a Deputy Attorney General for the Office of the Attorney General in Trenton, NJ, where she litigated child abuse and neglect cases. In her role as a Deputy, she served as an advisor to the Division of Child Protection and Permanency (DCP&P), negotiated complex child abuse issues, and mediated cases. She conducted highly contested trials often involving multiple witnesses and experts and employed a creative legal approach in order to facilitate successful resolutions for her client and the child. Kate graduated from Pennsylvania State University and Rutgers University School of Law – Camden. She is admitted to practice in New Jersey.