New Jersey Family Law Attorneys
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New Jersey Divorce Attorneys Award-Winning Family Lawyers in Middlesex County – Call (732) 810-0034

How Rozin | Golinder Law Can Help

Award-Winning Family Lawyers in Middlesex County – Call (732) 810-0034

NAFLA - Top 10 Ranking - 2016While a divorce is technically a dissolution of a contract, to our clients it is a life-changing event that is rarely ever contemplated at the time of marriage. Divorce can be a very emotional, stressful and uncertain process. While a client may not be happy in their marriage, the unknown is often more terrifying than staying in an unhappy relationship. Deciding to end a marriage is not an easy decision and is often surrounded by many questions and “what ifs”. That is why choosing an attorney who can effectively answer questions and is willing to patiently explain the divorce process is essential.

At Rozin | Golinder Law, we treat our clients like family because we know they need both moral support and zealous advocates standing behind them during this challenging. We do our very best to remove our clients from the emotional aspect of the divorce in order to provide them a stable environment and move them towards a more favorable resolution.

Our attorneys will:

  • Tailor a legal approach to your unique case
  • Offer the insight and skill of nationally-recognized legal counsel
  • Negotiate a swift and fair resolution or aggressively litigate your divorce
  • Provide the one-on-one legal support you deserve to secure your future

We will always be honest with you, explain matters upfront, and never make promises that cannot be kept. You can also count on working directly with your attorney at every single step of the process. Our legal team exclusively practices family law and divorce law and has negotiated, settled, and litigated countless divorces in both New Jersey and New York. Our firm is active in the legal community, has litigated cases in front of Judges throughout the state, and we pride ourselves on our reputation among our peers.

You should always feel at ease with your attorney. Our lawyers are real people and understand what is at stake during a divorce. That is why we never hand off our clients to a paralegal or an associate. We personally handle your case from start to finish. When you need trusted legal representation during this difficult time, you can depend on Rozin | Golinder Law.

Rozin | Golinder Law is here to help you resolve issues in your divorce involving:

Whatever challenges your divorce may bring, we are ready with practical advice and advocacy. As we handle family law and divorce cases exclusively, we provide an exceptional level of insight and focus to help you successfully move forward with your life. While 99% of divorce cases in New Jersey settle before trial, everyone should know what to expect during the New Jersey divorce process.

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Steps You Can Expect when Navigating Your New Jersey Divorce

1. Complaint for Divorce

So you have decided that you want to file for divorce. Now what? You must now file a Complaint for Divorce, which is a document that lets the Court know that you exist and that you want a divorce. Considering that New Jersey is a no-fault state, it makes no difference which party files for divorce first.

The Complaint for Divorce contains basic information that will give the Court an idea of what you are looking for, including:

  1. The names of the parties
  2. The date of the marriage
  3. Where the parties live
  4. How long the parties have lived in New Jersey
  5. The names and ages of any children born during the marriage
  6. The grounds for the divorce (“irreconcilable differences”)
  7. Requests certain relief from the Court (child support, alimony, and attorney fees)

Oftentimes, individuals are not sure what type of relief they should seek or what they ultimately want. My advice is to include everything you could possibly want because if it is not asked for in the initial Complaint, it cannot be requested later on.

Once the Complaint is prepared, the client signs off on it and it is sent to the Court for filing. The Court then stamps the Complaint “filed” with the date it was received and assigns what is called a docket number. This number identifies your case and will be on every document that is submitted to the Court in relation to your matter.

Once the Complaint is filed and we received the filed copy from the Court, the other party is ready to be served. In New Jersey, personal service is required. If the other party already has an attorney then the attorney can be served instead of the party directly.

Once the Complaint is served, the other party has 35 days to file an Answer and Counterclaim. If they do not file an Answer and Counterclaim, you may file for “default” which means that you served the other party, they ignored it, and now you are asking the Judge to enter the relief requested in the Complaint. More often than not, an Answer and Counterclaim are filed and the process moves on.

2. Answer and Counterclaim

An Answer and most of the time a Counterclaim is filed by the other party in response to the Complaint for Divorce. The Answer either admits or denies the allegations that are made in the Complaint for Divorce. Often times the other spouse files a Counterclaim for Divorce with their Answer. This is similar in nature to the original Complaint for Divorce filed wherein your spouse also requests relief from the Court. In addition, if you decide that you do not want to go through with the divorce and you withdraw your Complaint for Divorce, the litigation will continue if your spouse filed a Counterclaim. The Answer and Counterclaim lets the Court know that your spouse has received the Complaint and that he or she is engaged in the process.

3. Answer to Counterclaim

Just as your spouse responded to your Complaint for Divorce, you will need to respond to the Counterclaim for Divorce. Your Answer to Counterclaim will admit or deny the allegations made in your spouse’s Counterclaim and will preserve your rights.

4. Parent’s Education Program (if children are named)

Once a Complaint and Answer are filed with the Court, parties with children will automatically receive notice from the Court that they have been scheduled for the Parent’s Education Program. This program provides information to the parties and encourages cooperation between the parents, giving them an understanding of the impact of divorce on children.

5. Case Management Conference / Case Management Order

Once a Complaint and Answer have been filed, the Court will also schedule an initial meeting with the Judge. This is called a Case Management Conference. The main purpose of this conference is for the Judge to set out a timeline of when certain things must happen in the case. This is done differently throughout the State. Some counties require that the clients be present for the Case Management Conference while others allow the attorneys to submit a Consent Case Management Order that the Judge signs. This alleviates the need to appear in Court for this basic initial step. The Order will set out what issues there are between the parties, a time by which the Case Information Statement needs to be filed, as well as when Discovery and any appraisals need to be completed. This is a Court Order so the due dates prescribed by the Order are to be taken seriously.

6. Case Information Statement

Both parties in a divorce action are required to submit a Case Information Statement (CIS) with the Court. This allows the Court and the other side an opportunity to review the finances of the parties. The CIS includes information regarding a party’s job, salary, insurance, monthly finances, assets, bank accounts, credit cards and outstanding debts. It is important that this document be prepared carefully and accurately as the Court will rely on it to determine the finances of each party. Attached to the CIS must be a party’s last three pay stubs, most recent W-2, and tax return.

7. Discovery

The term “discovery” refers to the ability of both parties to get information from the other side. During this stage of your proceedings, both sides try to collect all the information necessary for settlement discussions and/or trial. The most common form of discovery during a Divorce is what is called a “Notice to Produce Documents” and “Interrogatories”. The Notice to Produce Documents requests a party to supply certain documentation to the other side most often bank account statements, credit card statements, and things of that nature. Interrogatories are the chance for the other side to ask certain questions of the other party. Both parties are required to answer discovery demands and to provide the documentation requested within reason. A complete picture of the assets and income of both spouses is critical and necessary to discuss settlement in your matter.

8. Appraisals

Very often, parties own various assets such as real estate, art collections, or an antique car for example. In order to determine what these assets are worth, they must be appraised, especially if one party is seeking to buy out the other’s interest in the asset. Unless an appraisal is done, the Court has no way to ascertain what the asset is actually worth. This is an important component when negotiating a financial settlement.

9. Depositions

If after discovery and appraisals have been completed, more information or clarification of the information provided is needed, depositions may be scheduled. A deposition is the testimony of a party or witness under oath. Often a deposition is taken in an attorney’s office. At this time, your attorney will be with you along with your spouse and his/her attorney. A court reporter will administer the oath and record the questions and answers. A judge will not be present but may read or hear your answers later. During your deposition, the opposing attorney will ask the questions.

Depositions are taken for at least three reasons:

  1. To find out what facts you / your spouse have in your actual knowledge and possession regarding the issues in the case. In other words, to determine what your story is now, not what it is going to be at trial.
  2. To pin you / your spouse down to a specific story so that you will have to tell the same story at trial.
  3. To catch you / your spouse in a lie to show at trial that you are not a truthful person and therefore, that your testimony should not be believed particularly on crucial points.

If your deposition is scheduled, it should be taken very seriously as it can be used against you in Court at a later date.

10. Early Settlement Panel

The Court favors settlement during a Divorce and attempts to help parties settle if at all possible. If after discovery and depositions your matter is not settled, the Court will order you to attend Early Settlement Panel. During the Early Settlement Panel the parties and their attorneys will meet with two – three experienced volunteer attorneys that will hear the positions of both parties and give their recommendations as to how the matter should settle. This process is extremely valuable because it gives the parties the opportunity to hear the opinions of several experienced matrimonial attorneys who do not have an interest in the case but who have been practicing long enough to know how a Judge may view certain issues. If you are unable to come to a resolution of the matter after Early Settlement Panel, the Court will give you one more chance to settle the case before Trial.

11. Economic Mediation

If there is no settlement after Early Settlement Panel, the parties are ordered to attend economic mediation with a neutral Court appointed mediator. Mediation is often successful in having the parties reach agreements on various issues as the mediator goes back and forth between the parties in an attempt to reach a compromise and balance between both parties’ positions. Mediation is much less costly than trial and the mediator will be an experienced attorney who has dealt with the issues presented to them many times. If mediation is successful, one of the parties will prepare a Settlement Agreement based upon the agreed upon terms and the parties will attend one final Court appearance to finalize the Divorce. If Mediation is unsuccessful then the matter will be scheduled for trial.

12. Trial

It is very rare that a divorce matter will go to trial. In fact only about 1% of cases go to trial. It is always more cost effective to settle before trial because the cost of preparing for trial and trial itself are extremely high. An attorney is required to prepare a legal brief before trial and to submit all exhibits to be used. In addition, testimony questions must be prepared and several meetings will probably occur to prepare for the trial. At trial the parties and other witnesses, if necessary, will testify and evidence will be introduced for the Judge to review. At the conclusion of the trial the Judge will determine how all of the remaining issues will be resolved and the parties will have to live with the Judge’s decision. I always recommend that the parties attempt to work together to settle their matter as they know their circumstances much better than a Judge.

If you are ready to discuss your divorce with an attorney who cares, contact us today. Our divorce attorneys serves clients throughout Middlesex, Monmouth, Union, and Somerset Counties.

Call (732) 810-0034 or use our online form to request your free & confidential consultation!

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    “I retained her after reading online reviews about her and I am so glad I believed it. I read other client comments and I truly agree with them she is an Exceptional attorney who has helped me to get my kids back to NJ, then got my TRO dismissed in a full blown FRO trial and represented me in my divorce case too. My case was extensively litigious and very volatile. The way Elizabeth handled it was TERRIFIC. She is one of the Attorneys who does not want unnecessary litigation unless the opposing party doesn't want to settle and keeps litigating and we had to go through it. She knows the LAW and very often she is able to read the Judge's mind which I have witnessed in the court order.”

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