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Secrets of Getting
the
Right Divorce For You!
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Resources for your successful divorce |
DIVORCE FAQs (Frequently
Asked Questions) Attorney Fees Q: How
much will a divorce cost? A: There is
usually no set amount or “flat fee” for a divorce, although attorneys vary in
their fee structure. If billed on an
hourly basis, then te cost of your divorce is a function of how much time the
law firm spends on your case.
Sometimes you are billed for the attorney’s (and sometimes,
paralegal’s) time at a certain hourly rate, plus various expenses, e.g.
filing fees, experts, administration fees, postage, copies, etc. Your retainer, or “Engagement Agreement,”
gives the details of what, how and when you will be billed. Legal Process Q: What
are the grounds for a divorce? A: Each
state’s grounds differ. For example
while California has “Irreconcilable Differences,” New York does not. If your state does not have Irreconcilable
Differences, people are able to file under another basis, such as Extreme
Cruelty (in NJ). Most states also
have a “no fault” ground, such as 18 month separation. The bottom line is that the Court needs to
establish that it is no longer reasonable and/or safe for the two of you to
remain married. (So, the fact that
you don’t like your spouse’s new hair-do generally won’t cut it.) Q: When will my
case go to trial? A: A
relatively small percent of divorce cases in NJ are actually tried. Most divorces result in a settlement
agreement. Generally, this is the
preferred course because it gives you more control over the outcome (not to
mention your wallet – because trials can be expensive). If your case has not settled within the
first year of the Complaint being filed, it could be scheduled for a
trial. Then again, you could wait
significantly longer than one year for a trial date. Q: When will my
case settle? A: Much of
this answer depends on you and your spouse.
The legal process often helps the settlement negotiations as it forces
both sides to spend money on attorney fees every time the parties do not
settle; generally, the increased attorney fees thus provide an incentive for
both sides to meet in the middle. Q: What happens
after the Complaint is filed? A: It is
served on your spouse. Q: How is the
Complaint served on my spouse? A: There
are several ways. If you two are
friendly, he/she, or their attorney, can sign an “Acknowledgement of
Service.” Or, they can be served by a
personal process server at their home or workplace. Q: How long do
I have to file an Answer to the Complaint? A: If you
have been served with a Summons & Complaint, then in NJ you have 35 days
to file an “Appearance,” “Answer,” or “Answer and Counterclaim,” or to file
some other appropriate motion (which is rare). If you are in another state, check your state’s court website
for timeframes and filing fees. Q: When is my
Financial Statement due? A: Most
states have a requirement that each party must file a version of a detailed
financial statement. In NJ, each
party’s Financial Statement (Case Information Statement - CIS) is due within
20 days of the Defendant’s filing his/her Answer/Counterclaim. Q: What is
discovery? A:
Discovery is legal term for exchanging information that each side
needs/wants in order to evaluate the case, negotiate a settlement, and/or put
on a trial. Generally, there are
“Interrogatories” (written questions)
and “Requests for Document Production” (copies of documents). Sometimes, there are also “Depositions,”
where you answer the other attorney’s questions under oath, prior to
trial. Also, expert reports and
appraisals, among other things, can also be part of the discovery process. Q: What happens
when my spouse and I agree to the divorce terms? A: The
attorneys draft a Settlement Agreement for each party to sign. After it is signed, a court date is
scheduled for the Uncontested Divorce Hearing. Q: What happens
at the Uncontested Divorce Hearing? A: It is a simple
proceeding where the Judge grants you the divorce. Motions Q: What is a
Motion? A: A Motion
is a request to the Court for an Order giving you something you want – e.g.
child support, parenting time, etc. Q: What is a pendente
lite motion? A: Latin,
Latin, Latin! Pendente lite
simply means “pending the outcome of the lawsuit.” So, it means a temporary decision, e.g. temporary alimony or
child support. Q: Can I file a
motion after a Judgment of Divorce? A: Yes. These are called Post-Judgment
motions. They are usually used to (1)
enforce the divorce agreement, or (2) change issues surrounding the children,
e.g. parenting time or support. Q: What is the
motion procedure? A: You file
with the Court and serve on your (ex)spouse (or his/her attorney) a Notice of
Motion with various supporting paperwork.
Your (ex)spouse has an opportunity to respond and/or to file a
Cross-Motion. You have an opportunity
then to respond. Then the Court may
hear oral arguments. Then the Court
enters and files an Order. Q: What are
motion oral arguments? A: Oral
Arguments for motions are where the two attorneys tell the Judge why the
Court should rule in his/her client’s favor.
Generally, the Court does not, or will not, allow testimony from the parties. Usually the Judge decides the motion at
oral argument. Sometimes, the Court
will write a detailed decision. |
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