Divorce

New Jersey Divorce Procedures Can Be Challenging

Divorce is a challenging and emotionally charged process that can have a profound impact on your life. Whether it’s the division of assets, child custody, or alimony, the issues that arise during a divorce can be complex and overwhelming. That’s why it’s crucial to consider hiring a lawyer, such as Richard Allan Nocks, who specializes in New Jersey family law to guide you through this difficult period.

Protect Your Rights & Assets With The Right Lawyer

While some individuals may try to navigate the divorce process alone, here are several compelling reasons why hiring a lawyer is highly advisable.

Knowledge and Expertise in Family Law:
One of the most significant advantages of hiring an experienced NJ divorce lawyer such as Mr. Nocks is the in-depth knowledge and expertise in family law they possess.

Objective and Rational Advice:
Divorce is an emotionally charged experience, and it’s easy to let your feelings cloud your judgment. Having Mr. Nocks by your side can provide an objective perspective and help you make rational decisions.

Skillful Negotiation and Mediation:
Divorce often involves negotiations and mediation to resolve conflicts and reach agreements. Mr. Nocks is a skilled negotiator who can advocate for your interests.

Legal Paperwork and Documentation:
In New Jersey, divorce proceedings involve extensive paperwork and documentation, including financial records, asset valuations, and child custody agreements. Mr. Nocks can assist you in completing and organizing all necessary documentation accurately.

Child Custody and Support Matters:
If you have children, the issue of child custody and support becomes paramount during a divorce. Mr. Nocks understands the factors that New Jersey courts consider when making custody decisions.

Protection of Rights and Assets:
Divorce involves the division of assets and debts accumulated during the marriage. Mr. Nocks can help ensure that your rights are protected, identify and value the assets, such as property, investments, and retirement accounts and ensure that you receive a fair share of the marital assets.

Reduced Stress and Emotional Burden:
Dealing with a divorce in NJ and as a whole can be incredibly stressful and emotionally draining. Mr. Nocks can alleviate some of that burden so you can focus on healing and rebuilding your life.

  • Irreconcilable Differences
  • Living Separate and Apart for 18 consecutive months
  • Extreme Cruelty
  • Adultery
  • Desertion
  • Addiction
  • Institutionalization
  • Imprisonment
  • Deviant Sexual Conduct

These grounds are not mutually exclusive; that is, a husband or wife can allege a combination of these grounds. Fortunately, only one of these grounds is needed.

DIVORCE PROCESS and DISCOVERY

Once the plaintiff files the complaint and a copy is given to the defendant, the bulk of the time spent will focus on the “discovery phase” of the divorce. The purpose of discovery is to ascertain what the parties own separately or jointly, what constitutes the marital estate, what assets and debts need to be distributed among the parties, and custody issues regarding the children. The attorneys will usually exchange interrogatories (written questions that require written answers), demand that the other side produce critical documents (such as tax returns, employment data, and bank statements), serve subpoenas, conduct depositions, hire experts, examine books and records, and file court motions when the other side is being less than cooperative. These are not mutually exclusive discovery tactics, and may be sued in any combination.

All divorces are, at some point, scheduled for an Early Settlement Panel conference. The parties and their attorneys will meet with one or two neutral attorneys. Both sides will present their side and ideas for resolutions, the neutral attorneys will recommend a global settlement based on their opinion as to what a Judge would ultimately decide. The Panel’s recommendation is not binding, but it is suggested that both sides listen carefully to what the Panel recommends, so that needless legal fees and extra time are spent in getting to the exact same settlement as predicted by the Panel.

If the case does not settle, then the matter will proceed to trial. If that happens, the parties will be asked to narrow down the issues if possible and limit the trial to those issues.