Step 3: The Divorce Process in New Jersey

Filing the Complaint for Divorce

In order to get a divorce in New Jersey you must have certain grounds or reasons. You cannot just say that you do not want to be married any longer. In New Jersey, the grounds for divorce are adultery, extreme cruelty, substance abuse, deviant sexual conduct and desertion. You can also be divorced without one of those reasons if you and your spouse have been separated for more than 18 months.

The Complaint is drafted and filed with the Court, where it is given a docket number. It is then sent back to your attorney, and this is your ticket into court.

Serving the Complaint

Once the complaint for divorce is filed, it is served upon your spouse either by a sheriff or, if there is cooperation, by mail. Your spouse has 35 days to answer the complaint.

Discovery

After the complaint is answered, the matter becomes contested and the attorneys gather information through what is called discovery. This means we use interrogatories and depositions to gather information about income, assets and liabilities. If there are complex financial issues, it may be necessary to take a deposition of your spouse. A deposition gives us the opportunity to ask questions of your spouse, in person. If there is a business, it may be necessary to hire an accountant or appraiser to determine the value of the business. For most people, the most valuable assets are retirement plans and homes.

Negotiating a Settlement

After discovery is completed, all the pieces of the puzzle are on the table and you and your attorney can go about negotiating a settlement.

If a settlement is reached, the Court will be notified and a final hearing is scheduled. At the final hearing you testify that you understand and agree to the terms of the agreement. If no agreement is reached, you will have a trial before a judge without a jury.

Continue to Step 4: If You Cannot Settle to learn what happens when the parties cannot reach an agreement.