Depositions are part of the divorce discovery process in which both parties are able to gather testimonial evidence from witnesses. Each party may subpoena or notice whomever they believe has relevant information to the divorce process, such as the other party, experts who have rendered reports, or other third parties who may have knowledge about […]
Divorce Process
What is discovery? When does it occur during the divorce process?
Discovery is the process by which the parties to the divorce gather relevant facts about the case. Discovery occurs after a complaint is filed or by agreement of the parties in mediation or collaborative divorce. During the discovery period, each party will have the opportunity to propound interrogatories, which are written questions seeking information about […]
Can a couple mediate some issues and litigate others in New Jersey?
Yes, parties can commence mediation and prepare a written agreement memorializing those issues that have been resolved and spelling out those issues that will need a court to decide. For instance, parties may settle all of the financial and parenting issues and request that the Court decide on an award of counsel fees. Or, the […]
Podcast: Abigale Stolfe on Common New Jersey Divorce Questions
Family law attorney Abigale Stolfe in Toms River, New Jersey, answers some of the most common divorce-related questions in this weeks podcast.
In divorce litigation, is there always a trial or is it possible to settle out of court?
In divorce litigation, there is only a trial if there are issues that the parties cannot agree on and require a judge to make a decision. Furthermore, even if litigation has commenced, the parties can settle specific issues or all issues at any time during the life of the case. The Court encourages the parties […]
How can someone keep the cost of their divorce litigation process down?
A client can keep his or her costs down by being available to discuss their case by compiling their financial documents in a timely manner and by participating in the process in an engaged manner. By retaining an attorney who is experienced in family law, you will be able to hone in on the issues […]
What are the benefits of divorce litigation?
Unfortunately, not all cases lend themselves to amicable resolutions in alternate dispute resolution. In instances of domestic violence, or when a party is intent on trying to hide assets or dissipate assets, or is unfit to parent, the court processes may be required. The Court can issue emergent orders called Orders to Show Cause when […]
What are the main differences between divorce litigation and one of the alternative dispute resolution processes?
Litigation utilizes the New Jersey courts to resolve the issues of a divorce or family law proceeding. Mediation, arbitration, and collaborative divorce are all different types of alternative dispute resolution processes. In mediation, a trained, impartial, and neutral person called a “mediator” is retained by the parties. The mediator does not represent either party but […]
What specific advice would you give someone in their 60s or 70s who is considering divorce?
Couples should think long and hard, is divorce the only viable option of them? In New Mexico, you can also do a legal separation but you go through the same exact steps. There’s no difference in the process for a legal separation as there is for a divorce. The only difference is you’re still technically […]
If an older person is considering divorce, what should they look for in an attorney?
They need to look for an attorney who has a fair amount of experience dealing in grey divorce or divorce in the golden years. A good competent attorney can identify property and debt, talk about alimony, and, even if there is still a teenager or minor child involved, discuss visitation and child support. The attorney’s […]
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