Teaneck Divorce Process
Deciding you are ready to file for divorce is a big step and can feel overwhelming. Just understanding the steps in the divorce process can feel confusing. Getting practical advice from an experienced divorce attorney can help alleviate your concerns and provide you with a roadmap of the process ahead. Filing for a divorce takes time, but Moskowitz Law Group can help you navigate the Teaneck divorce process.
Filing for Divorce
In order to file for divorce, either spouse must live in New Jersey. If the filing spouse lives in New Jersey, they file the documents in the county where they lived when they separated. If the filing spouse does not live in New Jersey, they will file the documents in the county where their spouse lives.
After determining where to file the divorce documents, a person must then draft and file the complaint and summons. A complaint sets forth facts showing that a person is entitled to a divorce and what relief they are requesting. The summons provides their spouse with the timeframe in which they must answer the complaint and where to send their answer.
Serving a Spouse With a Divorce Complaint
A person has to formally provide a copy of the complaint to your spouse. This formal process is called the service of process. If the spouse is agreeable to accepting service, he or she can simply sign an acknowledgment of service saying they received the documents. If they will not agree to sign the acknowledgment of service, the other spouse may have to have them served for a process server. The process server will go to their home or work and formally give them a copy of the documents.
After the spouse either signs the acknowledgment of service or is formally served by a process server, they will have the opportunity to file an answer. Although filing an answer is not required, it is the other party’s opportunity to disagree with the allegations in the complaint. They can also assert a counterclaim which sets forth their own reasons and allegations regarding the divorce. If a counterclaim is filed, a Teaneck divorce attorney can help a person through the process of answering it in a timely manner.
Settlement Agreement or Early Settlement Panel
A Settlement Agreement or Early Settlement Panel in Teaneck is the next step in the divorce process. In this step, the spouses try to reach an agreement on the division of assets and debts, custody, alimony, child support, and all other outstanding issues. Both parties must disclose their assets, liabilities, income, and expenses by completing a Case Information Statement. If the spouses can reach an agreement, they sign an agreement stating the terms.
If the spouses are unable to reach an agreement, an Early Settlement Panel will be held. This panel reviews the divorce issues and makes recommendations on finalizing the divorce. If both parties agree to the recommendations, the divorce will then be concluded.
Economic Mediation
If the parties cannot reach an agreement, they will then be required to participate in an economic mediation. The mandatory economic mediation process is required before a divorce trial in Teaneck can be set. The parties will decide on a mediator, both parties will submit an economic statement, and mediation will begin. The couple will work with the mediator trying to resolve all the outstanding issues. If the parties are able to reach an agreement, a Memorandum of Understanding is drafted and signed by the parties before leaving the mediation.
If the parties cannot reach an agreement during mediation, an intensive settlement conference will be held. The couple, along with their attorneys, will attend this conference as one last effort to resolve the divorce.
Divorce Trial
If the parties are still unable to reach an agreement after the intensive settlement conference, a divorce trial will be scheduled. At the trial, each side presents evidence and reasons to justify why specific relief should or should not be granted. After hearing both sides of the case, the judge will make a decision and enter a divorce decree. The divorce decree will include the grounds on which the divorce is granted, an asset and debt division, custody, child support, alimony, and any other terms the judge was asked to decide upon.
Once the judge signs the divorce decree, the divorce process in Teaneck is considered finalized. Modifications to the divorce decree can be made in certain situations, but those modifications must be approved by the Court.
Call Us for Help Navigating the Teaneck Divorce Process
The process of filing for divorce is intense. Having an experienced family law attorney guide you throughout the Teaneck divorce process is important. We can answer your questions and ensure that all deadlines are met. Call now to begin your divorce.
