Divorces are initiated by the filing of a Complaint alleging certain legal grounds for divorce. The party filing the Complaint is thereafter known as the Plaintiff. After the Plaintiff files and serves the Complaint on is or her spouse (the Defendant), the Defendant has 35 days to file and serve responding documents, known as an Answer, Counterclaim, or Appearance. If the Defendant does not file a responding document, the Plaintiff may apply for a default judgment. If the Defendant files and serves a Counterclaim, the Plaintiff may then file an Answer to the Counterclaim within 20 days.
A Case Information Statement, or "CIS", must also be filed no later than 20 days after the Defendant files his or her Answer / Counterclaim. The CIS is a comprehensive financial document itemizing the parties' assets and liabilities.
After the Plaintiff and Defendant file their respective papers, a Case Management Conference is set. At the Case Management Conference, the parties conference the case with the Judge and set certain dates for document exchanges, business valuations, real and personal property appraisals, depositions, and other discovery items.
After discovery is exchanged, the parties appear before the Early Settlement Panel ("ESP"). ESP is held at the county courthouse, and is essentially non-binding mediation for divorce cases. The mediator is experienced in New Jersey divorce and family law, and will help the parties settle any outstanding issues. If ESP is unsuccessful, a trial date is set by the Judge.
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