DIVORCE LITIGATION MAY REQUIRE A HACKENSACK ATTORNEY SUCH AS KATHRYN A. GILBERT

Sometimes when there is a lack of trust, imbalance of power, domestic violence, or an extremely high level of emotion, litigation with representation by a Hackensack attorney like Ms. Gilbert might be the necessary option. I generally recommend using this as a last option as it is more expensive, you don't have control over your time schedule as it is dictated by the Court, it takes longer to get divorced, and you have no privacy in your proceedings.

Litigation is also necessary however if you have a completely reluctant spouse or there are emergent issues that cannot otherwise be resolved whether they are regarding children, support, immediate and irreparable dissipation of assets or if you believe that you are otherwise unable to work with your spouse toward the dissolution of your marriage.

Start by Filing a Formal Complaint with the Help of an Attorney in New Jersey

The process starts with the filing of a Complaint. The cause of action, (“reason”) for Divorce does not get either party anything more or less by way of support or distribution of property other than in very limited and extreme circumstances. Most Divorces in New Jersey are now filed on the grounds of irreconcilable differences, although there are other grounds that might be appropriate in your situation. If you need assistance filing a formal Complaint and are in New Jersey, you want a local attorney, such as Ms. Gilbert, covering all of Bergen County from Fort Lee to Maywood.

After the Complaint is received your spouse will file an answer (or default will be entered and we would proceed without his/her consent)

Then there is an opportunity for each side to exchange information. During this time a temporary motion called a Pendente Lite Motion may be filed by your local New Jersey attorney ie. a Fort Lee attorney or Maywood attorney, to address any emergent issues that cannot be resolved amicably.

Hire a New Jersey Family Law Attorney to Consult With Before Your Early Settlement Panel

This is followed by a Case Management Conference where the Judge sets out a schedule of events to occur in your divorce. Your first opportunity to get a neutral opinion is when you appear before an Early Settlement panel where two or three attorneys will listen to your issues and make a recommendation to both Parties.

If this is not accepted by both Parties you will then be sent to a mandatory mediation session (Yes, the same procedure that you elected NOT to do initially!) If the matter still cannot settle then you will receive a Trial Date, approximately 12-18 months after the initial Complaint was filed. Only 1% of cases in New Jersey are actually tried before a Judge.

All issues that have not been agreed upon prior to trial will be resolved including custody of children, child support, alimony, property and debt distribution and payment of counsel fees. If your case ends up going to trial make sure and hire a Maywood attorney or New Milford attorney in New Jersey to represent your best interests.