DIVORCE AND FAMILY LAW

Divorce 

PSA/MSA Agreements

Motion Practice

Trial Litigation

973.652.7989

No one realizes how emotionally challenging divorce will be. You also may not realize that your financial situation takes a different turn, sometimes for the worst.
Seek some legal advice. Even if you represent yourself, the advice you may receive is worth every penny and could save you thousands of dollars.   

If you have any questions or would like to discuss your options you can contact me at (973) 652-7989 or email me at scbrennan.esq@gmail.com.


10 STEPS TO DIVORCE

1. Complaint: filed by the plaintiff. The defendant is then served by the Sheriffs’ Department.
2. Answer, appearance, or counterclaim: Filed by defendant within 35 days after service of the complaint. If no response is filed by the defendant, a Notice of Default is filed by the plaintiff's attorney or the plaintiff (if self-represented) and a default hearing is scheduled by the court.
3. Case Information Statement (CIS): Required to be filed by each party within 20 days after the filing of an Answer or Appearance if the case is contested and custody, support, alimony, or equitable distribution is an issue.
4. Notices of Motion: An application to the court for an order to resolve certain issues such as property, support, custody, or shared parenting time. Pendente Lite is a Latin term used to address requests that are made before a formal hearing or final judgment is entered. Motions must be filed 16 days in advance of the hearing date for oral argument. Litigants are permitted to be present during the motion hearing.
5. Orders to Show Cause: May be filed in case of emergencies. (Such as a party taking the children out of state or mortgage foreclosure)
6. Discovery: Includes the answering of interrogatories, depositions, appraisals and evaluations. It must be completed within 150 days from the filing of the complaint.
7. MESP: After completion of discovery (6 months from the date of filing), the contested financial case should be scheduled for hearing by a Matrimonial Early Settlement Panel (MESP). If the case is settled, a divorce will be granted the same day.
8. Case Conference with the Judge: A Case Management Conference (discovery scheduling), or Settlement Conference may be scheduled with the Court at anytime. Litigants (parties) must be present with their lawyers.
9. Trial Date: If both parties cannot settle case, a trial date is assigned to allow both parties to give testimony before a judge makes a decision on the issues.
10. Final Judgment: A judgment granting the divorce and stating the settlement terms of all issues pertaining to the dissolution of the marriage is submitted to the Court for signature by a Family Division Judge.

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Helpful Sites
https://www.lsnjlaw.org/Publications/Pages/Manuals/DivorceGuide.pdf

http://www.judiciary.state.nj.us/prose/