Monday, September 5, 2011

A Quick Overview Of New Jersey Divorce Laws And Procedures

By John A. Patti


New Jersey divorce laws are designed to deal with all types of divorce cases, from those where the two parties agree on nearly everything, to those involving desertion or sexual deviancy. Because this is a complex proceeding, you should have a basic understanding of what you're in for before you file.

When getting a divorce, there are several components you must consider and understand. In a perfect world, getting a divorce would be quick and clean-unfortunately, this is not a perfect world.

In New Jersey, no-fault, adultery and extreme cruelty are the most common grounds for divorce. Other grounds include: desertion, addiction, institutionalization, imprisonment, and deviant sexual behavior.

Here are some basic steps you'll need to take before your divorce becomes final:

* Complaint. This is the official filing of divorce, typically done by your lawyer. The state's Superior Court has jurisdiction over divorce proceedings.

* Answers. After you file the initial complaint, your spouse has the opportunity to "answer" your complaint. Additionally, you can file a counterclaim based on that answer.

* CIS, or Case Information Statement. This is an extremely important document that must be filed by both parties. It is in this document that the couple must outline claims regarding finances and custody, in the case where children are involved. This is where all assets and liabilities are listed so that the court has a complete picture of the situation.

* Court management. In this step, the divorce proceedings are categorized depending upon the complexity or the specific situation. Categories include: priority, complex, expedited, or standard.

* Discovery. This is the part of a divorce proceeding that is most-often depicted on television and the movies-couples haggling over the items they've accumulated over the years. Who gets the house? The car? The kids? This is the part of the divorce where couples who cannot agree start accumulating large attorney fees.

Divorce is never fun-but the more you know and the less contentious a divorce is, the quicker the resolution and the less expensive.




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