The law recognizes that life events could create the need to modify divorce terms. Many people need to modify custody, child support, and alimony orders. Before the court modifies a current order, we must prove that you have experienced a substantial change in circumstances that justifies the modification.
Filing for divorce is referred to as a dissolution of marriage in New Jersey. Each divorce is unique. Therefore, your divorce might not go through each phase of the process.
However, all divorces begin by filing a Complaint for Divorce. The spouse filing for divorce is the petitioner, and the other spouse is the respondent. You must serve the divorce complaint on your spouse, who has 35 days to file a response.
The timeline for your divorce depends on what happens next. You can request a default divorce decree if your spouse does not file a response. The judge bases decisions regarding divorce terms on your evidence only.
Your spouse can file an answer, and the case proceeds through the following steps. Each spouse files a Case Information Statement (CIS) with the details of their financial status.
Then, the spouses can engage in discovery. Discovery is the process of exchanging documents and information with your spouse that pertain to your divorce.
Parties may negotiate a settlement agreement to propose to the court. They must participate in an Early Settlement Panel process that helps them resolve issues in non-binding settlement talks.
If the parties fail to negotiate a settlement during the Settlement Panel process, they move to economic mediation, which can include the help of an Early Settlement Panel. The next step would be the intensive settlement conference, which is the last mandatory settlement step before moving to a trial.
The judge hears from both parties at trial, considers the evidence, and issues a final ruling. The best solution is a settlement because it avoids the time and cost of going to trial. Therefore, our legal team diligently works to help you reach a settlement that avoids trial and is in your best interests.