Law Office of Amanda Mays

(609) 297-8998

Protect Your Greatest Asset....Your Family

A divorce lawyer must be willing to litigate if necessary. By the same token, an effective family law advocate must also possess empathy and the ability to resolve cases outside of the courtroom. Having been through a divorce myself, I understand the problems you face. And as an attorney, I understand how to resolve those problems.

THE DIVORCE PROCESS

FILING A DIVORCE COMPLAINT WITH THE SUPERIOR COURT
The Plaintiff filing a Divorce Complaint with the Superior Court is the first step in the New Jersey Divorce process. The Plaintiff must allege grounds for the divorce, such as Irreconcilable Differences, Extreme Cruelty, Adultery, 18 Month Separation, Desertion, Addiction, Deviant Sexual Conduct, Institutionalization, and Imprisonment. The Plaintiff seeks relief for issues related to the marriage, such as child custody, child support, alimony, property distribution, life insurance to secure the support obligations, visitation/parenting time, a name change (if you wish to resume your maiden name,) and attorney's fees. A filing fee of $250 must be attached to your Divorce papers made payable to "Treasurer, State of New Jersey." If unemancipated children were born of the marriage, you will include an additional $25 for a mandatory Parent Education Class.

ANSWER, ANSWER & COUNTERCLAIM, or APPEARANCE
Once the Defendant is properly served, they will have 35 days to file an Answer, Answer & Counterclaim, or an Appearance. They will admit or deny any and all allegations made in the Divorce Complaint. They may file a Counterclaim, asserting their own grounds for divorce. The Defendant can request relief they are seeking for all issues relating to the divorce. If the Defendant does not file an Answer or Appearance within the prescribed time, the Plaintiff will begin the process to obtain a Default Judgment.

CASE MANAGEMENT CONFERENCE
The Case Management Conference is the first Court appearance for the attorneys. Most often the parties will have to be present as well. The Judge will set discovery deadlines, such as deadlines for propounding and answering interrogatories and requests for production. This is a wonderful tool to obtain important information about your case from the other side. At this time, all bank records, tax returns, credit card statements, IRA/401k statements, as well as other financial documentation will be exchanged. Depending on the honesty of the parties, the complexity of the issues, and the necessity to locate hidden assets, there may be a need for depositions, forensic accounting, and private investigators. The parties will be able to obtain whatever expert witnesses or reports they will need to establish their case at trial, including psychologists/custody evaluators, real estate appraisers, personalty appraisers, pension appraisers, business appraisers, and forensic accountants.

NEGOTIATION
Once discovery has been completed and all the cards are on the table, the parties are in the best position to negotiate a settlement. The attorneys can send settlement proposals and schedule a four-way conference with their clients to negotiate all issues related to the marriage and its dissolution. It is very important to discuss your priorities with your attorney. Although an asset may be a marital asset and subject to equitable distribution, you may be able to exclude this asset from division by offsetting it against another. For example, if keeping your pension is most important to you, you may be able to achieve this goal by substituting the other party's interest by your interest in another asset. Please make sure to discuss all tax implications with your attorney as that will also be a consideration when offsetting assets and support. If an Agreement can be made, a Property Settlement Agreement is drafted and the parties will be placed on the Uncontested Divorce calendar. The Divorce can be final shortly after an Agreement is executed.

PENDENTE LITE RELIEF
During the divorce process, the parties have the right to seek temporary relief by filing a motion. Most commonly, parties seek a determination of temporary custody, temporary support, temporary visitation/parenting plan, directing the other party to maintain the health insurance, life insurance, etc., restraining the other party from disposing of or dissipating marital assets, and attorney fees.

MATRIMONIAL EARLY SETTLEMENT PANEL
If your case has not settled, the parties and their attorneys will appear before a panel of attorneys to address the economic issues in dispute. The panel of attorneys will give their recommendations and opinions based on their many years of practicing before that Court. If the parties can settle on that day, either before or after appearing before the panel, they will be divorced on that day. If they could not settle, they will appear before the Judge for a trial date. They will also be required to attend Economic Mediation.

ECONOMIC MEDIATION
Economic mediation is the Court's last attempt to facilitate a settlement between the parties prior to the trial date. The mediator will sit with the parties and their attorneys at a last attempt to resolve any outstanding financial issues.

TRIAL
If there are any issues outstanding, they will be decided by the Judge at trial.

My Divorce Practice

I serve clients in the following areas of divorce and family law:

• Divorce/dissolution/annulments
• Child custody
• Child support
• Spousal support (alimony/palimony/maintenance)
• Property division (assets and debt)
• Domestic violence and restraining orders
• Post-judgment modifications and termination of existing orders

Every case is different. When we meet, we will talk about any or all of above issues depending on the facts of your situation. From divorce to post-judgment modifications, I will answer your questions and address your concerns. Most importantly, I give you the encouragement you need to make it through the process, no matter the problem.

From divorce to domestic violence, a family lawyer can help you. Schedule a free consultation. Contact me online, call 609-297-8998, or call toll free at 888-309-5798.

Law Office of Amanda Mays
Princeton Corporate Center
5 Independence Way, Suite 300
Princeton, NJ 08540
Phone: 609-297-8998
Toll Free: 888-309-5798
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