Posted on September 24, 2008 by Sandy Durst

How will my case be resolved

There are several alternatives to how your case will be concluded.  The overwhelming majority of divorce cases in New Jersey are resolved by settlement between the parties.   Only a small fraction of cases are concluded by way of a trial.

Mediation and arbitration are available to assist litigants in resolving their case.  Both processes are voluntarily.  However, after that similarity, mediation and arbitration have significant differences.  The implications of choosing one forum over the other can be consequential.

If the parties cannot achieve a settlement either through negotiations between the attorneys or mediation, then the court sits ready to intervene.  While the case is pending the court can be called upon to render pendente lite or temporary relief on issues such as spousal support, child support, custody and parenting time, the sale of the residence and legal fees.  These issues are presented to the court by the filing of a motion.  A motion is the legal document that tells the court what relief the filing party is seeking.  A motion must be supported by a certification.  A certification sets forth the facts and circumstances that the litigant believes justify the relief sought.  A certification is signed under  oath.  Specific pendente lite motions will be discussed in future postings.

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Posted on September 23, 2008 by Sandy Durst

Starting the Divorce Process

The divorce process is formally started by the filing of a Complaint for Divorce.  The Complaint identifies the parties’ name and addresses as well as the names and ages of any children.  The Complaint must also specify the grounds for divorce.  Currently, New Jersey recognizes nine separate grounds for divorce.  They are: (1) adultery (2) extreme cruelty (3) irreconcilable difference (4) 18 month separation (5) desertion (6) imprisonment (7) institutionalization (8) habitual drunkenness and (9) deviant sexual conduct.  Each of the grounds for divorce have their own requirements that can be explained to you by your attorney.

In working with your attorney to prepare the Complaint it is important to bear in mind that absent extreme circumstances, the underlying reasons for the divorce have little, if any, impact on the financial determinations that will be made.  Filing your Complaint with all of the “dirty laundry” may be initially satisfying but will surely escalate the acrimony and emotional undertones of the proceedings.  The Family Court is not going to punish one spouse and reward the other. Judicial determinations will be made in accord with the relevant statutes and case law.  Marital fault will generally not be a factor considered by the court, except in extreme circumstances.  The Complaint must also contain the specific relief a litigant is seeking such as: alimony, child support, custody, parenting time, and equitable distribution of the assets.

Once the Complaint has been filed with the court, it must be served upon the other party or their attorney.  Upon being served the other party has 35 days in which to file an appearance, and Answer to the Complaint or an Answer and Counter Claim.

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Posted on September 22, 2008 by Sandy Durst

Divorce "American Style"

If one spends any time looking at the glossy magazines at the supermarket checkout line or watching television, it is apparent that American culture has become consumed with divorce, particularly divorce “American style.”  Americans have been captivated by the recent and very public divorce proceedings of supermodel Christie Brinkley, baseball superstar Alex Rodriguez and New Jersey’s very own former first couple, Jim and Dina Matos McGreevey.  All three of these cases are ready made for the tabloids and there seems to be a never ending supply of tawdry details.

These very public spectacles make it all too easy to lose sight of what a divorce truly is.  Divorce is a deeply personal, often extremely emotional and often a difficult process for a family to undergo.  The reality is that approximately one-half of married couples will find themselves in the midst of divorce proceedings at some point in time.   Hopefully, through common sense, mutual respect and good counsel, most couples will not follow the lead of these infamous cases.

Looking at these cases, it is easy to define an “American style” divorce.  Participants in both cases were likely acting out feelings of anger and seeking a sense of vindication.  Anger, resentment and fear are all perfectly acceptable emotions to be experienced by someone facing divorce proceedings.  These emotions can be addressed and worked through with the able assistance of friends, counselors or therapists.  They should not be the guiding force of the divorce process.

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Posted on September 22, 2008 by Sandy Durst

And so it begins...

Welcome to the NJ Family Law Matters Blog.  It is my hope that you find the information provided helpful.  The purpose of this blog is to provide basic information about New Jersey Family law and the divorce process.  If you have questions, feel free to use the “comment” feature, call me at 609-858-5924 or e-mail me at Sandy.Durst@FlasterGreenberg.com.  Please keep in mind that NJFamilyLawMatters is a public forum.  Use of this blog does not create an attorney-client relationship and does not make you a client of Sandy Durst or Flaster/Greenberg.  Please do not disclose any confidential or private information.  The New Jersey Rules of Professional Conduct prohibit me from providing legal advice to anyone that is not a client; therefore I will not offer answers to specific questions via this blog,  A consultation must be scheduled in order to discuss the particular aspects of your case.

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