10 PHASES OF THE DIVORCE PROCESS IN NEW JERSEY 

1. COMPLAINT: The pleading filed by the Plaintiff and served upon the Defendant which commences the divorce process.

2. ANSWER: Within thirty-five (35) days after service of the Complaint, the Defendant must file a response (answer, appearance or counterclaim). If no response is filed, a Notice of Default is filed by plaintiff’s attorney. Shortly thereafter a default hearing will be scheduled by the Court.

3. CASE INFORMATION STATEMENT: If the Defendant files a response, then a Case Information Statement (CIS) must be filed by both parties within twenty (20) days of the Defendant’s responsive pleading. A CIS is a financial document which details the parties income, assets, debts, etc.

4. MOTIONS: Either party may file a motion with the Court during the divorce process in order to have certain issues addressed by a Judge. A motion must be filed sixteen (16) days in advance of the proposed hearing date. Litigants are permitted to be present at the motion hearing.

5. ORDERS TO SHOW CAUSE: An Order to Show Cause is a Motion that may be filed by either party in the event that an issue needs to be decided by a Judge on an emergent basis, such as a party seeking to remove a child from the state of NJ or a pending mortgage foreclosure on the marital home.

6. CASE MANAGEMENT CONFERENCE: At the Case Management Conference a Judge will sign an Order establishing the deadlines that the parties must comply with in connection with the discovery process. In addition, a Judge may refer the parties to a parenting time mediator or a child custody evaluator if child custody and visitation are issues in dispute.

7. DISCOVERY: Discovery is the process by which the parties exchange information relevant to the case. A party may be required to answer interrogatory questions, provide deposition testimony, and participate and cooperate with appraisals of assets and valuations of businesses.

8. EARLY SETTLEMENT PANEL: After completion of discovery, the contested financial issues will be presented to an Early Settlement Panel (ESP). The panelists are divorce lawyers who volunteer their time by listening to the issues presented by the parties and their lawyers and then providing non-binding recommendations on how the case should be resolved. If the case is settled, a divorce will be granted that same day.

9. TRIAL DATE: In the event that the parties cannot settle their case on the day of the Early Settlement Panel, the Court will assign a trial date. At a trial, evidence such as testimony and documentation will be presented to a Judge who will decide all of the issues in dispute.

10. FINAL JUDGMENT: Regardless of whether a case is settled between the parties or decided by a Judge, a Final Judgment of Divorce will be signed by a Judge granting the divorce and detailing the rights and responsibilities of the parties.

NOTE: All contested divorce cases should be finalized within twelve (12) months.