The punk-rock superstar Avril Lavigne recently sparked divorce rumors when she showed up to her own birthday party without her husband, Nickelback frontman, Chad Kroeger. Divorce rumors have been circling because the pair has not been spotted together in months, and according to the Huffington Post, are breaking some self-imposed rules for their marriage. However, nothing is known until either spouse takes the first step towards getting divorced—filing the complaint.
In New Jersey, filing the divorce complaint is the first act that must be taken to initiate formal divorce proceedings. The divorce complaint includes a number of details, such as addresses and date of the marriage. The complaint also alleges the grounds for divorce, whether those are fault-based grounds or no-fault based grounds.
After the complaint is filed, the opposing spouse can file an answer to the complaint. This may include any defenses or counterclaims that the opposing spouse wants to bring up.
The next, and sometimes most crucial, step in obtaining a divorce in New Jersey is the filing of a Case Information State (CIS). A CIS is a statement of each party’s finances, both during the marriage and after separation, which will be used to determine the financial aspects of the divorce such as property division.
At this point, and sometimes even prior to this point, the parties or their attorneys may attempt to negotiate a settlement. If they cannot come to an agreement, the parties will be required to attend an Early Settlement Panel where a recommendation will be made as to the issues in the parties’ divorce. If the parties accept the recommendations, their divorce will be granted.
If the recommendations are not accepted, the parties will be required to attend economic mediation. If mediation is unsuccessful, the parties will be required to attend an Intensive Settlement Conference. This is yet another attempt to settle the dispute without a trial. However, if all settlement attempts fail, the parties must go to trial and litigate their issues.
The process of filing for and eventually obtaining a divorce can be complicated and confusing, especially for parties who have a substantial amount of property or children. With the help of an experienced matrimonial attorney, like those at Sarno da Costa D’Aniello Maceri LLC, the process involved in obtaining a divorce can be much simpler. If you are thinking of filing for divorce, have been served with divorce papers, or are already in the midst of a divorce, call us at (973) 274-5200 for help with your case.
