What Is the First Step of the Divorce Process?

Choosing to be the one to file for a divorce from your spouse may be the first step toward a new, better quality of life for yourself. But as the old saying goes, the first step is always the hardest. Well, please read on to discover the first step of the divorce process and how one of the seasoned Somerset divorce lawyers at the Law Offices of Kisha M. Hebbon, LLC can help you take it.

What is the first step of the divorce process in New Jersey?

Evidently, the first step of the divorce process is filling out a Complaint of Divorce. Within this complaint, you may be expected to disclose the following pieces of information:

• Your and your spouse’s full, legal names, dates of birth, current residential addresses, etc.
• Your shared children’s full, legal names, dates of birth, current residential addresses, etc.
• The date and location in which your marriage ceremony took place.
• The grounds for which you are petitioning for a divorce from your spouse (i.e., fault or no-fault grounds).
• The divorce-related terms you request to be addressed (i.e., spousal support, child support, child custody, property division, etc).
• The specific requests for how you wish the court to settle these divorce-related terms.
• An affidavit of insurance coverages you and your spouse carry (i.e., life, health, auto, homeowner’s, etc).

Once filling out this complaint in full, you must file it with the Superior Court of New Jersey in the county where you currently reside. Or, if you have not lived in the state of New Jersey since your separation, then you may file it with the court in the county where your spouse currently resides. You must not forget to supplement the complaint with its required $300 filing fee. Also, you may be expected to pay a $25 fee for a court program that teaches you and your spouse how to co-parent post-divorce, if you share children. These payments must be made out to the state of New Jersey.

What other steps should I take afterward?

Upon receiving your Complaint of Divorce, the Superior Court of New Jersey will assign a docket number and case number and mail it back to you. Soon after, you may carry out these next steps:

1. Serve your spouse with divorce papers, and provide the court with proof of service.
2. Request temporary orders from the court as necessary (i.e., temporary child custody).
3. Request relevant information from your spouse before your scheduled trial date (i.e., discovery).
4. Attend mediation sessions with your spouse and a neutral, third-party mediator, as mandated by the court.
5. Appear at your scheduled trial date if you and your spouse cannot reach a settlement agreement in mediation.
6. Have your witnesses testify and present all other relevant evidence to the court.
7. Respond to your spouse’s arguments presented to the court.
8. Accept the final judgment of divorce ruled by the court.

Please book your initial consultation with one of the competent Somerset County family lawyers from the Law Offices of Kisha M. Hebbon, LLC today.