Deciding whether to file for divorce can be a complicated decision. Whether you have already reached your decision or are in the process, a free consultation is just a phone call away. Just call 732-294-7880 to schedule your free consultation with Andrew G. Greenberg, Esq.
Divorce is one where all of the issues have been resolved before the Complaint for Divorce is filed with the Court or will be resolved without being disputed.
A Contested Divorce is one where issues such as equitable distribution of property, alimony, child support, custody or visitation are disputed after the Complaint for Divorce is filed with the Court.
WHAT HAPPENS AFTER A DIVORCE COMPLAINT IS FILED
The divorce process is started when one of the parties (the "Plaintiff") files a Complaint for Divorce with the Court. The other party (the "Defendant") will then have 35 days to file an Answer. If the defendant does not file an Answer, the plaintiff can proceed with the divorce as an uncontested matter. If the defendant files an Answer, the divorce will proceed as a contested matter. After the Answer is filed the parties will have an opportunity to exchange Case Information Statements which will include information about the parties' incomes and assets. The parties will then have an opportunity to engage in discovery in an effort to resolve
all of the possible outstanding issues such as, equitable distribution of the assets, alimony, child support, custody, visitation and debt issues. When discovery is complete, the Court will schedule an Early Settlement Panel hearing where the parties will explain their position to an attorney assigned by the Court. That attorney will furnish his or her opinion as to a fair resolution of the issues. If the parties settle all of the outstanding issues, a Property Settlement Agreement can be signed and a Judgment of Divorce can be entered. If settlement is not possible, the Court will schedule a Trial.