Divorce/Alimony/Child Support in Essex and Hudson Counties New Jersey

Although the Superior Courts in New Jersey follow the same laws of the great state of New Jersey, each county has its own unique approach to the divorce process and furthermore, each Judge has their own approach. Divorces in Hudson and Essex Counties are somewhat alike.

The usual steps

1. File for divorce and receive a docket number. In Essex County the docket number can arrive in 1-2 weeks. In Hudson it can take 2-8 weeks if not more depending on volume.
2. Either serve the Defendant or send the Defendant a letter indicating you have filed for divorce and for the Defendan to accept service. If service is accepted, the clock begins to run. The defendant has 35 days to answer the divorce papers or risk default.
3. The Defendant can also waive his or her answer and agree to the divorce.
4. If he or she does not agree to accept service, a process server or sheriff must go and serve the Defendant.
5. Once he or she is served, they have 35 days to file an answer and pay $135 or $160 (with children) to answer.
6. Upon filing an answer, a case managment conference will be set down. In Hudson County, only the attorneys have to appear. In Essex County, all parties must appear or risk sanctions.
7. The case management conference will determine the amount of time needed to conduct the proper discovery and what are the issues in the case. If done correctly, a lot of progess can be made at this stage of the litigation. The attorneys and Judge will agree to a time frame to file a case information statement which is the equivalent of a balance sheet which informs the court how much someone earns, spends, saves, owns, owes, etc.
8. The Judge will also give a timeframe to conduct discovery which includes but is not limited to interogatories (set of questions in writing to "discover" more about each party. These questions can cover financial issues, custody and more.
9. Once discovery is complete, the parties can attend the early settlement panel. The early settlement panel or ESP is a very helpful tool and asset to the Courts. Approximately 90% of all cases settle at this stage. The attorneys prepare and advance their client's position in front of two independent lawyers/mediators that do not have a stake in the case who offer their candid opinions on the case and what they think the Judge will do.
10. Judges Daniel D'Alessandro, Judge Sogluizzo, Judge James Troiano, Judge Nancy Sivilli, Judge Adam Jacobs try to sit down with counsel to determine why the case has not settled after ESP which can be very helpful. The goal of the judge is to settle the matter as efficiently as possible due to the heavy family law case load of both Essex and Hudson Counties. The lawyers at the Artusa Law Firm have the experience and knowledge needed to help clients get results and to move on to the next stage of their lives with their heads up. New Jersey Divorce and Family Law Attorney Santo Artusa has argued and settled cases before every family law judge in both Hudson and Essex Counties. Knowing what each judge looks for in a case is very important.
11. If the case cannot be settled at this stage, the case can go before ESP again, go to economic mediation, or trial. If the case goes to trial it will become expensive for both parties. The parties may agree on custody and child support but want to try the case concerning alimony/spousal support,property division/equitable distribution, counsel fees. It is our goal to try and settle each case so that assets can be saved instead of depleted for a trial. However, if a trial, is needed we will be prepared.
12. At the end of the trial by judge, the Judge will render his or her opinion on the issues that were not settled. If the case is settled, the Judge will attach the property settlement agreement between the parties and divorce the parties on the record.

While there are many variables to each case, we try to help clients understand the strengths and weaknesses of their case and to be realistic with each client. If you seek a divorce or have a family law matter in Hudson or Essex Counties contact us on 201-706-7910 for a free initial consultation in our Newark or Jersey City Office.