Divorce

Filing for divorce is never an easy decision.

The experienced team at Mark | Lavigne, LLC is here to guide you and help you throughout the process.

Divorce in New Jersey usually is either contested or not contested. New Jersey is a no-fault state, which means you don’t have to have a reason other than “irreconcilable differences” — it doesn’t matter if your spouse has been unfaithful, committed a crime, or if there are any other traditional “grounds” for a divorce.

First, one party files a complaint to open a court case. The parties then appear in court for a case management conference to discuss issues relating to the divorce process. The court enters a scheduling order to set dates for completion of the discovery process and schedule further court proceedings (including trial).

The discovery process usually involves serving interrogatories and requests to admit (written questions), asking for and exchanging documents (including financial information), taking depositions (interviews under oath), and having experts evaluate on various issues.

There are also options to avoid going to trial. One way is to use an Alternative Dispute Resolution (ADR) process, such as mediation or arbitration, to come to agreements on some or all of their issues. After the discovery process and/or ADR, the court will schedule the parties for Early Settlement Panel (ESP) discussions. If the parties are able to reach a mutual agreement as to settlement, the panel’s recommendation assists the judge in determining whether the agreement is fair to the parties. If they can’t do so, the court will make one more attempt at resolving the matter through an all-day formal settlement conference before proceeding to trial.

The process of divorce is often grueling, emotional, slow, and expensive. If it’s unavoidable, however, the team at Mark | Lavigne, LLC is here to help. We will guide you through the process and help you obtain the best resolution possible. Contact Mark | Lavigne, LLC today for your consultation or call us at 908-375-6767.