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Of Counsel to Schwartz, Barkin & Mitchell
Frequently Asked Questions |
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How do I get started with the divorce process? You need to pick up the telephone and call my office. I will spend some time with you on the telephone to get a general understanding of your issues. I will suggest that you make an appointment for a consultation and come into my office. It would be helpful if you prepared for the meeting by bringing in some basic information, if it is available. The information would include current income, last filed tax returns, a summary of assets and liabilities. While I will take you through the process and discuss the law as it applies to your issues, feel free to bring in a list of specific questions you may have about your situation, as well. The consultation usually takes between one to two hours depending on the complexity of your issues. What is an uncontested divorce? An uncontested divorce means that you and your spouse have resolved all of your issues and have a written or oral agreement. Once you have an agreement, you must go to Court and complete the divorce process by filing a Complaint for Divorce, serve your spouse with the Complaint and ultimately appear in Court for a short hearing. The Judge assigned to your case will make sure you understand the agreement and that you are entering into the agreement freely and voluntarily. The Judge does not need to know about the terms of the agreement. The hearing will take ten to fifteen minutes. Can I mediate my case? Yes, you can. A mediator is an independent third party who is retained by you and your spouse. A mediator is not your lawyer and does not talk to you about the law. The mediator will meet with both parties for a number of sessions. While you are mediating your case, you need to consult with a lawyer who will advise you as to the status of the law and how it impacts upon your ‘life story.’ If you settle your issues, the mediator will prepare a Memorandum of Understanding (MOU) which will be sent to you or your attorneys. One of the attorneys will prepare a formal agreement known as a Marital Settlement Agreement. Thereafter, a Complaint for Divorce will be filed and the matter handled as an uncontested divorce. Can I arbitrate my case? Yes, you can. An Arbitrator is an independent third party who acts like a private Judge. The Arbitrator is hired by both parties and makes binding decisions after he/she hears testimony and reviews evidence presented by the parties. The Arbitrator's decision is binding and final. Can I use the collaborative law process to settle my case? Yes, you can. In this process, the parties work together to settle issues without Court involvement. Everyone works together as this process replaces traditional divorce proceedings. Consultations with experts are done on an as-needed basis. The lawyer represents the parties to the 'collaboration' only; if either party files a divorce complaint, the collaborative law attorneys cannot be used in any Court proceeding. What happens if I do not settle my case? If your case cannot be settled with the assistance of the attorneys, one of the parties may file a Complaint for Divorce and have it served on the other party. The answering party will respond to the Complaint. Once these initial documents have been filed with the Court, ‘issue is joined’ and there is now a pending lawsuit before the Court. What happens when my case is before the Court? The attorneys will begin pre-trial discovery-the exchange of information. The attorneys will exchange questions known as interrogatories. The purpose is to help identify the issues in your case. The attorneys will exchange Notices to Produce Documents. Like a subpoena, it requires a party to produce documents (ex: tax returns, checking account records, …etc.). Other financial information will be exchanged, including a Case Information Statement (CIS). What is a Case Information Statement? A CIS is a multi-page document, which summarizes background information, income, assets and liabilities. Also, and most importantly, it includes two budgets; your first budget covers the marital lifestyle. The second budget covers your current lifestyle. If you and your spouse are living together there usually will one budget. It is important for the budget to make sense and accurately reflect your lifestyle. You are swearing under oath that all of the information in your CIS is true. If you are less than forthright about your lifestyle, your spouse’s attorney may be able to attack your credibility later in the case. This could impact upon your credibility in the eyes of the Court. What is a Case Management Conference? Assuming there are no emergent problems (ex: one spouse is not properly supporting the supported spouse), the attorneys will receive a notice in the mail scheduling your case for a Case Management Conference. Depending upon the county where your case was filed, some counties require the attorneys and the parties to appear in Court for a conference. Some counties do these by telephone conference call with attorneys only. The purpose of the conference is to get your case ‘on track’. The Judge will learn about the key issues in your case and what needs to be done to move your case along. The Judge will set timetables as to when pre-trial discovery must be completed. Do we need experts (ex: a real estate appraiser)? Is custody/parenting time (visitation) in issue? If it is we may need a mental health professional to do an evaluation. The Judge will also schedule your case for an Early Settlement Panel conference (ESP). The Court may also consider Court mandated custody/parenting time mediation offered through the Courts. |
What is an Early Settlement Panel conference? An ESP takes place at the Courthouse. Your case is assigned to a panel of experienced attorneys who are familiar with your Judge. The panelists meet with the attorneys and the parties and make non-binding recommendations as to how to settle your case. Their recommendations are not disclosed to your Judge. Before we appear, each of the attorneys prepares a submission, which includes a copy of your most recent Case Information Statement. It includes a settlement proposal and additional background about your case. If your case settles on this date, you can be divorced on this date. If it does not settle, the parties and their attorneys report back to the Judge assigned to your case for a second Case Management Conference. At this time the Court will give you a trial date and schedule your case for Court mandated economic mediation. The Court will give the attorneys a Trial Order which sets out what the attorneys must do before showing up on the trial date (ex: submit a Trial Memorandum). What is Court mandated economic mediation? This is similar to mediation which may take place before you file suit. The mediator is chosen by the attorneys from a list of mediators provided by the Court. The first two hours are free. Thereafter, you can continue to mediate by paying the mediator’s regular hourly rate. If you settle your case a MOU is prepared and sent to the attorneys. The next stop would be an uncontested divorce. What happens if the case is not settled after Court mandated economic mediation? The mediator contacts the Court with regard to the outcome of the mediation. If the mediation was not successful, the Court may schedule your case for another Case Management Conference. At this point the Court will focus on the key outstanding issues. The Judge may ask the attorneys to step into chambers for an ‘off-the-record’ meeting. This may be the last meeting with the Court before your trial date. What happens during the trial? The trial represents the culmination of many months of work and preparation for the attorney and the client. The Judge will hear the testimony of the parties and any witnesses, expert witnesses, as well as reviewing any documents admitted into evidence by the Court. It is a formal proceeding. Your previous Court appearances have been less formal. There is no jury present in a divorce trial in New Jersey, except in very limited circumstances. How long will it take for my divorce case to be concluded? Uncontested cases usually take a few months. The average case, which settles after the ESP is completed, takes six to nine months. If your case goes to trial it could take a year or more. The Courts goal is to complete a case within twelve months from the date of the filing of the Complaint for Divorce. This is a goal and is not ‘engraved in stone’. Is it true the majority of divorce cases in New Jersey are settled? Yes, this is true. In most counties more than 95% of the divorce cases are settled. The question is not whether your case will settle, but when will it settle. Is it better to have a solo practitioner represent me or a firm? I was a solo practitioner for many years. I am now with a firm. When you have a question you will talk to me not a paralegal. While my assistant can help you, or is available to leave a message if I am out of the office, I prepare all of my own documents and do all of the pre-trial discovery. I will try your case, if necessary. I will return your call the same day. While I remain in contact with my office when I am in Court or at another attorney's office, if there is an emergency and you need to talk to an attorney, you will be able to talk to an attorney at Schwartz Barkin & Mitchell. There will be an attorney available to 'cover your back' if the need arises. How much will my divorce cost? There are many variables which impact upon the cost of any litigation. If your case is uncontested the fees and costs will be relatively inexpensive. If you have a custody case, the counsel fees and costs can be extensive. You need to use your resources carefully. You may not have the funds to do certain evaluations (ex: employment evaluation). You may have to reach agreements on certain issues to avoid incurring additional counsel fees and costs. My job is to help you make these decisions, point you in right direction and give you options to choose from. I am always concerned about the costs of litigation. It takes a team effort to reduce litigation expenses. The more you help me, the more you help yourself. |
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Contact Information 1110 Springfield Road North |
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