Divorce Litigation in New Jersey Explained

Ready Yourself for the Stages, Challenges, and Strategies that can be Used by Our Experienced Attorneys to Successfully Handle Your Litigated Divorce in Southern NJ

Most individuals going through a divorce dread that the process could become a long and drawn out court battle. While there are many ways to resolve disputes within a divorce through alternative dispute resolution like mediation or just conversations between the couple and their attorneys, sometimes litigation is unavoidable or necessary to protect your best interests and the best interests of your finances and children. Litigation refers to the process of having a dispute or claim resolved in court before a judge. When a compromise cannot be reached, sometimes the parties need a judge to hear both sides and make a decision for them as a neutral party.

If you find yourself facing divorce litigation proceedings in court, it is important to understand the process and equip yourself with the help of a knowledgeable advocate who can help you to make informed decisions and advocate for you every step of the way. Bronzino Law Firm provides our legal guidance to clients facing litigated divorces throughout Southern New Jersey, including communities like Point Pleasant, Sea Bright, Lavallette, Rumson, Bay Head, and Barnegat. You can reach our attorneys by calling our offices in Brick or Sea Girt at (732) 812-3102, or by contacting us online.

A Comprehensive Overview of Divorce Litigation in NJ

While the specific facts of each divorce case differ, divorce litigation follows several distinct stages.

1. The Process Starts when a Complaint is Filed:

First, one spouse must file a complaint in court for divorce and this starts the process.

2. A Formal Answer to The Complaint is Required:

Then, the other spouse must respond with an answer. An “answer” is not just any reply but a formal legal filing that responds specifically to the complaint filed.

3. Gather Documents and Exchange Information During The Discovery Phase:

The next phase is discovery, when the parties must exchange information, gather documents and records, and possibly take depositions, which are like interviews where the person being deposed is under oath. During the discovery phase, witnesses, evidence, and experts can be critical to your case. Witnesses in your divorce case could be friends, family members, or even expert witnesses like forensic accountants. You may be asked to produce or request evidence like text messages,  financial documents, or records relating to mental illness or substance abuse.

4. Pre-Litigation Settlement Negotiations:

After discovery, it is common for the parties to engage in settlement negotiations.

5. Pre-Trial Motions Requesting Court Decisions Before Trial:

Each party will also have an opportunity to file pre-trial motions, requesting that the court make some type of decision prior to the hearing.

6. Presenting Your Case to the Judge at Trial:

If an agreement cannot be reached, then the case will continue to trial, where each party will have a chance to present their evidence, testimony, and ask the judge to rule in a particular way.

7. The Judge’s Decision:

After the trial, the judge will make a final decision and issue an order. A party cannot appeal this order for just any reason, like that they are unhappy with the result; they must appeal on the basis that some time of legal error was made by the court.

The Unpredictable Nature of Divorce Litigation in Terms of Both Time and Cost

There is no one-size-fits-all timeline or cost outline for divorces involved in litigation. Both factors can vary significantly based on the facts of the case, the complexity of the issues, and the level of conflict between the parties. This can range anywhere between a few months to over a year in some cases. Along the way, you can expect multiple court appearances, document requests, and even depositions. Divorce litigation can become lengthy, costly, and very personal. It is important that you work with an experienced attorney who not only knows the law well, but also understands your desired outcomes and objectives, and is effective in advocating for your interests in an efficient manner.

Navigating the Major Disputes in Divorce Litigation in New Jersey

If divorce terms cannot be agreed upon by the parties through negotiation or mediation, a couple can find themselves in court litigating extremely personal issues like child custody, child support, alimony, and asset division. Personal details of your life and financial information will be subject to disclosure in discovery and discussed openly in court. The setting can be not only impersonal and formal, but usually contentious as well.

Child custody

Child custody disputes can be some of the most hotly contested and emotional issues to litigate. When tensions and/or parental concerns are high, even small concessions can feel like a major loss. Particularly when allegations of neglect, substance abuse, or unfitness to parent are involved, evidence must be presented to substantiate these allegations, which can result in lengthy litigation.

Child support

Child support in New Jersey is based on a formula, however, the factors that part of the formula may be contested by the parties. For example, if one spouse owns a business and/or has income beyond what is reflected on a W-2, the couple may disagree about the extent of that parent’s income, which is relevant in calculating child support. Similarly, the parties may disagree about how much each parent will contribute to certain fixed expenses like private school tuition or summer sleepaway camp.

Alimony

Alimony is another commonly disputed issue in divorce cases. Whereas there are plenty of parents who are happy to financially contribute to their child’s care and wellbeing, few individuals are thrilled about providing financially for their ex after a divorce. Still, alimony or spousal support is an important tool that is designed to help a more financially dependent spouse get back on their feet following a divorce. It is based on many different factors like the length of the marriage, the incomes of each individual, the earning potential of each individual, and the recipient’s need for the support after the divorce. While some of these factors are straightforward, there are many factors that can make a fair alimony award difficult to determine. Take for example, a woman who is highly educated with a law degree or medical degree, but who decided to leave her career to be a stay at home mom more than 15 years ago. By some measures, her “earning potential” based on her advanced degrees may be significant enough not to warrant an award of spousal support. However, when looking more closely at market realities, her earning potential after a 15 year career hiatus may be very low.

Property division

Finally, another majorly contested issue in divorce litigation is property division. Even when and if the parties agree to divide their assets 50/50, they may disagree on how to do that. For example, perhaps one party wishes to keep the marital home in exchange for investment retirement accounts (IRAs), but the other spouse will not agree to this and instead wishes to sell the home and split the proceeds.

When to Consider Appealing Your Divorce Litigation Outcome

If you are dissatisfied with the court’s judgment in your divorce proceeding, you have the right to appeal the decision but not for just any reason. An appeal is not an opportunity to relitigate the entire case simply because you did not like the outcome, but rather a review by a higher court to ensure that the court’s decision was made in accordance with the law. It is important to have your case reviewed by an attorney to determine whether you have a basis to appeal the judgment.

Speak to an Asbury Park Divorce Litigation Lawyer at Our Family Law Firm

If you’ve been unable to come to a compromise with your ex and need to litigate your case in court, there are bound to be complexities and challenges. Chances are, the stakes are high – whether you’re battling a custody issue or valuable marital assets are on the line. Having an experienced New Jersey divorce attorney is critical in effectively navigating the court system and advocating your position in court. Bronzino Law Firm has successfully assisted numerous clients in navigating the complexities of divorce litigation throughout Ocean and Monmouth County area, including in Wall, Point Pleasant, Brick, Toms River, Jackson, Asbury Park, Neptune, Sea Girt, Spring Lake, Brielle, and Manasquan. For more information on how our team of knowledgeable and skilled family law attorneys can assist you in your New Jersey divorce case, please contact us at (732) 812-3102 today.