Passaic County NJ Divorce Litigation Attorneys
Divorce and Family Law Attorneys in Little Falls, New Jersey
The initial decision to file for divorce is one of the many significant choices that you will make before your divorce is ultimately resolved. Among the most important decisions that you will face during the New Jersey divorce process is the specific avenue through which you will pursue a resolution. The unique circumstances of your case will determine the most suitable avenue for you. Nevertheless, there are some prevailing themes that may lead you in one direction over another. For example, the level of contentiousness between you and your spouse will strongly influence your ability to resolve divorce-related issues such as division of assets, alimony, and child custody outside of the courtroom. If you are involved in an uncontested divorce, mediation, arbitration, negotiation, or collaborative divorce may serve as viable alternatives. In some cases, however, reaching a resolution without the decision of a New Jersey Family Court Judge is simply untenable.
When faced with the challenging and complex trial process, the stakes are infinitely higher. In these situations, it is absolutely critical to have an experienced NJ divorce litigation attorney who can champion your interests and fight for your desired outcome. At The Montanari Law Group, our skilled divorce attorneys are equipped to tackle the most daunting of divorce issues. With our ferocious trial strategy, we have secured superior divorce outcomes for clients in Woodland Park, Clifton, Wayne, and throughout Passaic and Essex counties. For additional information and a cost-free consultation about your case, contact our New Jersey divorce attorneys today at 973-233-4396 or toll-free at 888-877-7985.
Divorce Litigation in New Jersey
First and foremost, it is important to note that the vast majority of New Jersey divorces settle before proceeding to trial. In fact, the entire divorce process is structured to encourage divorcing couples to come to their own agreements without having pursued traditional litigation. Before a trial date is scheduled, you and your spouse are required to submit to a host of pre-trial stages, including the Early Settlement Panel, Economic Mediation, Child Custody Mediation (if applicable), and an Intensive Settlement Conference.
Although New Jersey provides a multitude of opportunities to reach a settlement, and divorce attorneys can work with one another throughout the divorce process to negotiate a settlement that is agreeable to both parties, there are cases in which these efforts will simply not produce a result. For example, in a contested divorce in which one party filed the initial complaint about divorce on one of the accepted grounds for divorce, such as addiction or domestic abuse, disputes over these allegations may require a trial. In other cases, significant disagreements over child custody or equitable distribution of property may make litigation a necessity. If you do choose to pursue divorce litigation, the following is an outline of what to expect.
Temporary Orders
Temporary orders, known as Pendente lite, may be issued to effectuate the prompt establishment of alimony, child custody, and child support while the divorce progresses.
Discovery
The discovery portion of the divorce includes interrogatories, taking depositions, notices to produce, an employability expert, a mental health expert to evaluate the parents and children if necessary, a forensic accountant, a property appraiser, and a request for admissions. These tools are used to obtain the most detailed information about the household’s financial and mental health. Discovery includes both parties’ CSI (Case Information Statement), a multiple-page document listing all assets, debts, monthly expenses, and current and past income.
Parent Education Program & Child Custody Mediation
Child custody is one of the most contested aspects of a divorce in litigation. Unfortunately, some parents use the custody of their children as a tool of revenge against their ex. That is why both parties are required to attend a parent educational seminar. Mediation is court-ordered to resolve any child custody issues before the court will set a date for trial.
Early Settlement Panel (ESP)
The Early Settlement Panel (ESP) is the next step in the divorce process. It consists of two or three experienced family law attorneys with at least five years of experience who are appointed by the court to hear divorce cases. The process is completely impartial, as these chosen attorneys are not associated with either party. Both sides submit written statements summarizing their case, highlighting the dispute. Both parties and their respective counsel will present their side. The panel will make non-binding recommendations to settle all or most sticking points before the divorce goes to trial. If the parties reach an agreement, the panel will draw up a Memorandum of Understanding (MOU) outlining the agreed-upon terms. The judge is tasked with reviewing the proposed settlement, endorsing that it is fair, and including the agreements in the final settlement if they so choose. If there is no agreement after the ESP, litigation will follow.
Pre-Trial Submissions
After the court enters an Order Setting Trial Date, it will require attorneys for both parties to submit Pre-Trial Submissions, which include exhibits, lists of witnesses, and trial briefs. Pre-Trial Submissions provide the court with an initial overview of the facts of your case and the general information that your attorney will be presenting at trial. For example, he or she may be relying on expert reports from real estate appraisers, business valuation experts, forensic accountants, or psychologists who specialize in child custody. These experts will also likely be included in your witness list.
Trial in Family Court
The actual length of your divorce trial will depend on your specific case. At times, these trials conclude within a few days. In others, they extend for lengthy periods of litigation. Both parties will present their evidence, including documents and witness statements. Witnesses can attest to lifestyle, economic issues, and child custody matters. All witnesses will provide direct testimony, be cross-examined by the defense, and redirected by the plaintiff’s counsel.
There are many experts who can be helpful in your divorce trial. A forensic accountant may be an integral part of some divorce litigation. They can search for hidden assets, analyze financial documents, determine future earnings and costs of a business, separate shared from individual assets, provide expert testimony in court, and help your lawyer prepare questionnaires and depositions. Child psychologists can advise on the best way to proceed in terms of custody. A vocational expert can testify to the value of each party’s possible earning capabilities and any additional required training or education. A private investigator could be used to uncover parental instability, substance abuse, or unfit living conditions, as well as hidden assets or business dealings. A licensed therapist can provide testimony about trauma, anxiety, or abuse in the marital relationship.
Once all evidence is presented, witnesses are heard, and arguments are made, the court will review all of the information and issue a Final Judgment of Divorce. This final judgment is accompanied by an opinion, in which the Judge outlines his or her logic in making determinations. At this point, you are legally divorced. However, both parties have the right to file a motion for reconsideration or an appeal if they believe the outcome is unjust.
Post-Trial Appeals
Appeals in divorce cases can relate to any aspect of the decision: custody, support, alimony, or asset distribution. You cannot request that the entire divorce decree be overturned, nor can you present an appeal because you disagree with the ruling. You can appeal due to a misinterpretation of the law, excluding evidence, making a decision with little evidence, judicial misconduct, or other circumstances, based on the informed legal guidance of your attorney.
Divorce litigation has many complicated parts and every procedure must be addressed appropriately. Throughout this process, your divorce attorney can serve as an invaluable asset, ensuring that your rights and interests are protected.
Contact a Clifton NJ Divorce Litigation Attorney for a Free Consultation
Divorce litigation is a marathon of procedures, paperwork, and presentation. You must have a committed divorce attorney whose experience and resources will carry you through to the end, putting you in the best possible position. The Montanari Law Group is proud to serve our clients in Haledon, Fort Lee, Woodland Park, Wyckoff, Montvale, Jersey City, Montclair, Essex Fells, Wayne, and elsewhere in Northern New Jersey, guiding them through the often complex divorce process. We offer tools and connections with expert witnesses who work in tandem with our seasoned attorneys to prove your case in court. Our lawyers know that getting a divorce is not an easy decision, as your life and the lives of your family will be forever changed. We also understand that getting a divorce is not about getting even, it is about getting what is fair, and what you deserve to begin this new stage in your life.
If you are considering divorce litigation in New Jersey, contact our Passaic County divorce attorneys online or at our Little Falls offices at 973-233-4396. We provide initial consultations free of charge.
