Ocean County NJ Divorce Lawyers

The Divorce Process

Steps to Filing Divorce in NJ

The lawyers at the Berry, Sahradnik, Kotzas & Benson divorce law firm in Ocean County NJ handle collaborative divorce, contested and uncontested divorce, default cases, and divorce mediation. Each option results in the dissolution of the marriage, but follows specific rules depending on the actions of the parties involved. The legal NJ divorce process uses these specific legal terms to describe the parties involved in a divorce case:

  • Plaintiff—the spouse who initiates the divorce
  • Defendant—the spouse being divorced
  • Complaint—the document used to file for divorce in NJ
  • Answer—the defendant's written response to the petition, possibly including a counterclaim
  • Judgment—the orders for and terms of the dissolution

All types of divorce cases are initiated with the filing of a divorce complaint with the NJ Superior Court and the serving—delivery—of that complaint document to the defendant. What happens after that depends on the defendant’s actions or lack thereof.

Default Cases

A default case proceeds as follows:

  • The defendant has 35 days after receiving the divorce complaint to file an answer and/or counterclaim.
  • Alternatively, the defendant may file an appearance indicating that he or she is not disputing the claims in the complaint.
  • If the defendant fails to file an answer or an appearance in the time period, he or she forfeits the opportunity to respond or contest the divorce. The plaintiff then files a request to enter a divorce by default.

However, a default does not necessarily mean the case is over. Ocean County divorce lawyers assist plaintiffs seeking equitable distribution of marital property, alimony, or child support through court action—even in default divorces.

Divorce Lawyers in Ocean County Contested Divorce Cases

When a defendant disputes the allegations in the divorce complaint, he or she has the right to appear in court to argue the case. And if the defendant is adverse to the terms—as is often the case with child custody or property division—he or she may file a response specifying alternative terms. There is a trial and a judgment is made in court based on applicable statutes.

Ocean County NJ Divorce Mediation

An option available to couples who wish to avoid drawn-out, expensive trial proceedings in NJ is divorce mediation. The NJ divorce mediator's job is to help the divorcing spouses come to an agreement. The mediator must remain neutral—that is, he or she may not give either party any legal advice or defend one spouse's interests or concerns over the other's. However, only a court has the authority to order the dissolution of a marriage and make orders for child custody, support, and property distribution. Once the mediator drafts a final agreement, it still has to be taken to court for approval, but this is generally routine.

To schedule a consultation with an experienced divorce attorney in NJ, contact Berry, Sahradnik, Kotzas & Benson.