The Divorce Process in New Jersey Step-by-SThe Divorce Process in New Jersey Step-by-Steptep

If you’re thinking about divorce, one of the first questions is almost always: What happens next? The path through New Jersey family court follows a series of predictable steps, but the timing and complexity depend heavily on whether your case is uncontested or contested, and what issues you have to deal with. Below is a plain-English, step-by-step overview of what to expect so you can plan and protect your interests. For personalized legal advice and representation in Union, Essex, or Middlesex County, contact the Law Offices of John B. D’Alessandro to visit with an experienced Union divorce lawyer who will guide you through every step to a successful outcome.

1. Check residency and get a consultation

Before you file, make sure you meet New Jersey’s residency rules. Generally speaking, at least one spouse must have been a bona fide resident of New Jersey for one year before filing (there are some exceptions). After that, the smartest first step is a consult with an experienced family law attorney who can explain your local court’s practices and the options available to you.

2. Filing the complaint (the “plaintiff” starts the case)

The divorce formally begins when one spouse files a Complaint for Divorce with the county Family Part clerk. The complaint states the legal grounds (no-fault or fault grounds) and the relief requested (property division, custody, support, etc.). Filing is done in the county where you (or your spouse) live.

3. Service and response (35-day answer period)

After the complaint is filed, it must be properly served on the other spouse (the “defendant”). The defendant then generally has 35 days to answer, to file a counterclaim, or, at a minimum, to enter an appearance. If the defendant does not respond, the plaintiff may seek a default judgment in their favor, but most cases are actively opposed at first.

4. Temporary (pendente lite) orders for short-term stability

Early in the case either party can ask the court for temporary orders addressing custody, parenting time, child support, alimony, and use of the home. These pendente lite orders are meant to preserve stability while the case proceeds.

5. Financial disclosure and discovery

Both sides exchange financial information (pay stubs, tax returns, retirement statements, business valuations, and a Case Information Statement). Discovery may also include interrogatories, document requests, and depositions when issues are contested. Accurate, timely disclosure is critical because equitable distribution and support decisions rely on the full financial picture.

6. Case Management Conference (CMC) and required early steps

Most courts schedule a Case Management Conference to set deadlines for disclosure and outline the next steps. New Jersey also routes many contested matters through mandatory screening processes intended to resolve financial disputes early, including the Early Settlement Panel (ESP) and, if needed, economic mediation. These programs are designed to encourage settlement and reduce the need for a trial.

7. Mediation, Early Settlement Panel, and Intensive Settlement Conference

If financial issues remain after ESP review, you may be ordered into economic mediation. If custody is contested, courts typically require parenting education and custody mediation before trial. In many counties an Intensive Settlement Conference (ISC) is the final settlement push before a judge will set the case for trial. These steps resolve most cases without the time and expense of a trial.

8. Trial (if no settlement) and final judgment

If settlement efforts fail, the case proceeds to trial, where each side presents evidence and witnesses. The judge makes findings and enters a final Judgment of Divorce resolving all contested issues. Trials are relatively rare because most cases settle, but they remain an available path when the parties cannot agree.

9. Post-judgment actions: enforcement and modification

After the judgment, the court retains jurisdiction to enforce or modify orders for child support, alimony, custody, and parenting time when there is a substantial change in circumstances. If a party fails to comply, enforcement remedies (wage garnishment, contempt proceedings, etc.) are available.

How long will it take? (rough timing)

An uncontested divorce—where parties agree on all terms and submit a settlement for court approval—can be resolved much faster than a litigated case. A contested divorce that goes through discovery, ESP/mediation, and potentially an ISC or trial commonly takes many months and often a year or more, depending on complexity and court scheduling.

Practical tips to move your case forward

Keep records organized (tax returns, pay stubs, mortgage statements), be responsive to your attorney and court deadlines, consider mediation early, and avoid making abrupt financial moves that could be interpreted as hiding assets. Settlement is almost always less costly and emotionally draining than trial, so where a fair compromise is possible, it’s often worth pursuing.

Need Local Guidance in Your New Jersey Divorce?

The procedural steps above are the roadmap, but every case is different, and local practice in Union, Essex, or Middlesex County can affect how things actually unfold. If you’re considering divorce or have been served with court papers, contact the Law Offices of John B. D’Alessandro in Union for a confidential consultation. We’ll explain how these steps apply to your situation, help you protect your rights, and work to achieve a result that positions you and your family for a stable future.