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The Divorce Process | Piscataway Family Law

John Nachlinger | 624 Views | 11/18/2015

How long does the divorce take and what is the first step?

These are the two most common questions we are asked. Well, the process takes as long as it takes you and your spouse to reach an agreement. To get the process started, a complaint for divorce is filed in the county where either you or your spouse reside and your spouse is served with the complaint. Once that occurs, the spouse has 35 days in which to respond. Once response is filed the court will schedule something called a case management conference, where the attorneys will schedule the case and set various deadlines. There you will be a period of three to four months where you will engage in discovery, which is the exchange of information. At the conclusion of discovery, about five to six months after you file your complaint, you will be scheduled for an settlement panel at the courthouse.

Settling Case

This is an opportunity to settle your case with the assistance of two volunteer divorce attorneys, who will listen to the facts of your case and give a settlement recommendation. If you do not settle there, within about 30 to 60 days you’re required to attend something called economic mediation at an attorney’s office. After all of that, if you’re still not settled, you’re heading to trial. Depending on your county, you may have multiple settlement conferences leading to a trial or you may just get trial dates. You can expect that a trial will not occur for at least one year after you file your complaint. So what’s the moral of the story? Settle your case.

By: John Nachlinger

The Divorce Process | Piscataway Family Law

How long does the divorce take and what is the first step?

These are the two most common questions we are asked. Well, the process takes as long as it takes you and your spouse to reach an agreement. To get the process started, a complaint for divorce is filed in the county where either you or your spouse reside and your spouse is served with the complaint. Once that occurs, the spouse has 35 days in which to respond. Once response is filed the court will schedule something called a case management conference, where the attorneys will schedule the case and set various deadlines. There you will be a period of three to four months where you will engage in discovery, which is the exchange of information. At the conclusion of discovery, about five to six months after you file your complaint, you will be scheduled for an settlement panel at the courthouse.

Settling Case

This is an opportunity to settle your case with the assistance of two volunteer divorce attorneys, who will listen to the facts of your case and give a settlement recommendation. If you do not settle there, within about 30 to 60 days you’re required to attend something called economic mediation at an attorney’s office. After all of that, if you’re still not settled, you’re heading to trial. Depending on your county, you may have multiple settlement conferences leading to a trial or you may just get trial dates. You can expect that a trial will not occur for at least one year after you file your complaint. So what’s the moral of the story? Settle your case.

By: John Nachlinger