New Jersey Family Law Attorneys

Experienced Matrimonial Lawyers Uniquely Specializing in 3 Divorce Resolution Processes

Family legal issues are complex to handle, especially when the stakes are high for disputes like child custody and high-value asset division. At Berkman Bottger Newman & Schein, we understand how important your divorce outcome is and will do our best to negotiate for a favorable outcome. We are one of the largest family law firms in the area and the only one to strictly practice collaborative law, mediation, and litigation. Whether you have questions about filing for divorce or settling your divorce disputes, our firm can represent you in both the negotiations room and the courtroom.

Filing for Divorce in New Jersey

The basic requirement to file for divorce in New Jersey is that either spouse must have been a state resident for the last 12 consecutive months. If you meet this residency requirement, you may commence the divorce process by filing a Complaint for Divorce/Dissolution. You should also file the following forms:

• Filing Letter to the Court—Complaint Form that says you are filing for divorce and have enclosed the filing fee (or want a waiver from paying the fee)
• Certification of Insurance, where you list all your insurance coverage (life, auto, health, homeowners)
• Certification of Notification of Complementary Dispute Resolution that says you are aware you can go to mediation
• Family Part Case Information Statement if there are issues on custody, support, alimony, division of debt or assets. This form requires the listing of income, assets, and debts.
• Confidential Litigant Information Sheet

Note that New jersey offers both a no-fault divorce process and a fault divorce process. The no-fault process merely means that spouses can cite “irreconcilable differences” as their ground for divorce, rather than specific grounds like adultery or cruelty as in the case of fault divorce.

3 Resolution Processes

After filing for divorce and serving the papers on your spouse, you will proceed to negotiation to settle any legal disputes, such as those involving who will have custody of the children, who will get the marital home and other significant assets, and whether one parent is expected to pay child support and spousal maintenance.

At Berkman Bottger Newman & Schein, we practice all 3 divorce resolution processes, from collaborative law to mediation to litigation. We can take a look at your situation and help you determine which process will be most constructive to resolving your disputes. Note that an attempt at mediation is often required before going to litigation.

In summary, collaborative law involves communication and discussion between the spouses and their collaborative lawyers. In the collaborative session, they will discuss their interests and come together to draft a settlement agreement without having to go to court. Similarly, mediation will also be conducted outside of the court’s influence and allow the spouses a space to negotiate their own arrangement based on their interests discussed with one another. Both these processes allow you the most control over the outcome, as you have a direct say in arranging the agreement, as opposed to deferring to a court’s impersonal judgment.

However, if you cannot settle all your disputes in mediation, you may proceed to litigation, where the judge will hold a public trial to issue a final resolution for your divorce. Note that it is possible to settle some things in mediation and leave the rest for trial, though keep in mind the judge will base their decision on the child’s best interests.