The Divorce Process From Start to Finish
Divorce is on the rise in modern times, but the process of separating from your spouse is still quite complex. From beginning to end, the complicated process involves loads of paperwork, research and possible agreements between the former spouses. After the ordeal, a final judgment is decreed by the court. If a trial is conducted, both parties still have the option to appeal the court’s decision through a higher court. If the parties reach an agreement on all of the issues related to their marriage, they waive their right to a trial and appeal.
Filling out the Paperwork
To begin the legal process of divorce, a complaint for divorce must be filed at the local courthouse by one party. This initial petition will initiate the divorce process and also describe the reasons why the person is seeking a divorce. Additionally, specific forms need to be filed with your initial petition. Once the complaint is filed, it needs to be sent to the other party. The other party has 35 days to respond to the complaint.
Disclosures and Discovery
Once the other party responds to the complaint, the divorce process officially begins. The next few weeks or months will be filled with disclosures and discoveries by both parties. Both spouses are given a specific timeframe to turn over all their financial information. These financial disclosures help the attorneys and the court determine the couple’s assets, debts and income. Attorneys also use this time period to collect, gather and document information about the opposing party. Interviews may be conducted, and records may be requested.
Mediation, Settlement or Default Judgment
It is beneficial for spouses to attempt to reach an agreement through either mediation or a court settlement. These agreements will include decisions about splitting up assets, sharing debts, spousal support, child custody and child support. A default judgment will occur when one party refuses to answer the divorce complaint. When an agreement can’t be formed outside of court, a trial will be scheduled. Trials are lengthy and expensive. Because of this, the majority of cases are resolved by agreement.
The Final Judgment
The document is signed by the court, which terminates the marriage. If the parties enter into a settlement agreement, it will be incorporated in the final judgment of divorce.
Contact a Cherry Hill Family Law Attorney for a Consultation About Divorce in New Jersey Today
If you are thinking about filing for divorce, or if you are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorney Lois Garber Schwartz represents clients throughout the state, including Cherry Hill, Haddonfield, Voorhees Township, Marlton and Medford. We understand how challenging this can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at 856-375-8989 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1040 Kings Highway N., Suite 202, Cherry Hill.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.