Bergen County Divorce Attorney

Divorce is an unfortunate and common reality in the world today. With nearly half of all marriages ending in divorce, it is important to be aware of what you should expect if you are considering this option. Though every divorce is different, they are always very emotional. Some couples will not be able to decide matters on their own and must litigate the matter. Other couples may be able to communicate about their divorce outside of a courtroom. An experienced divorce attorney can help you navigate through this process and guide you in the right direction. Mark McAuliffe of McNerney & McAuliffe has significant experience compassionately guiding clients through their divorce and acting as a helpful hand during this challenging time. If you need someone who is dedicated to representing your best interests and protecting your assets, contact a Bergen County family law attorney from McNerney & McAuliffe today to discuss your situation.

Grounds for Divorce in New Jersey

New Jersey is a no-fault divorce state but it still offers the option for one or both parties to cite fault. When a couple chooses no-fault, they may file on the ground of irreconcilable differences that have caused the breakdown of the marriage for a period of six months, with no requirement that they live separately, or on the separate ground of having lived apart for at least 18 consecutive months. Citing fault can result in other legal issues prior to the start of the case, which is why no-fault is the most common option used. However, if they choose to cite fault, their options include:

• Abandonment
• Addiction
• Adultery
• Extreme cruelty
• Deviant sexual conduct
• Incarceration
• Institutionalization

Divorce Options

When considering your divorce options, you may feel overwhelmed about the sheer volume of possibilities that are available to you. Of course, once an experienced divorce attorney explains your options, you may be able to see more clearly which one best suits your situation.

Litigated Divorce: When a couple cannot agree to terms on their own and are not successful in any forms of alternative dispute resolution, they may go to trial and have a judge make decisions on their behalf based on the information gathered in the discovery process.

Mediation: Mediation is often the most peaceful method of divorce and encourages the couple to engage in constructive communication to come to an agreement about the divorce. The couple will work with their respective attorneys and a neutral mediator to create a Separation Agreement outside of the courtroom on their own schedule. They are often able to save money and finalize matters more quickly than they would in court.

Collaborative Divorce: The couple and their respective attorneys will work together with a team of experts to make come to a decision about the outstanding matters of their divorce. When a collaborative divorce is unsuccessful, it will go to court and both spouses are required to retain new attorneys during litigation.

Arbitration: Arbitration is a binding process in which a neutral arbitrator selected by the parties will resolve any contested issues on behalf of the couple outside of court.

Early Settlement Panel: When a divorce is contested, a judge may require couples to take part in an Early Settlement Panel where they present their case to a panel of attorneys who can guide them towards a resolution. In situations where the panel is not successful, the couple may go to litigation where a judge can decide matters for them.

The Divorce Process

If you are considering filing for divorce, you most likely have a lot of questions about what the process actually looks like from start to finish. While every case is different, most divorces in New Jersey will go as follows:

Filing the Complaint for Divorce: The divorce process officially begins when one spouse files a Complaint for Divorce with the Superior Court of New Jersey. This document sets forth the grounds for divorce and outlines what the filing spouse is seeking, whether that is related to custody, support, or division of assets.

Serving the Other Spouse: After the Complaint is filed, it must be formally served on the other spouse. This ensures that they are properly notified of the divorce action and have the opportunity to respond. The receiving spouse will then have a limited amount of time to file an Answer or otherwise respond to the Complaint.

Case Management and Initial Filings: Once both parties are involved in the case, the court will typically schedule a case management conference. During this time, both spouses may be required to submit financial disclosures, often referred to as Case Information Statements, which provide a detailed overview of income, assets, and liabilities.

Discovery Process: In many divorces, especially those that are contested, both parties will engage in discovery. This is the process where each side exchanges relevant information and documents. Discovery may include written questions, document requests, and, in some cases, depositions. This stage is critical, as it helps both sides understand the full financial picture and any disputed issues.

Settlement Negotiations and Alternative Dispute Resolution: Throughout the process, the court will encourage both parties to attempt to resolve their issues outside of trial. This may include settlement negotiations between attorneys, mediation, or participation in an Early Settlement Panel. Many couples are able to reach a resolution at this stage, which can save time, money, and emotional stress.

Trial (If Necessary): If the parties are unable to reach an agreement, the case may proceed to trial. During trial, both sides will present evidence and testimony, and a judge will make decisions on all outstanding issues, including custody, support, and equitable distribution of assets.

Final Judgment of Divorce: Once all issues are resolved, either through settlement or after trial, the court will issue a Final Judgment of Divorce. This document formally ends the marriage and outlines the terms both parties are required to follow moving forward.

Contact a Bergen County Divorce Attorney

If you are thinking about getting divorced in the state of New Jersey, it is important that you consult with an experienced legal team who can explain each step of the process and give you an idea of what to expect given your personal situation. Mark McAuliffe of McNerney & McAuliffe has significant experience guiding clients through divorce matters such as equitable distribution, spousal support, child support, and child custody, no matter which type of divorce they choose. If you need an experienced divorce attorney, contact McNerney & McAuliffe today.