Q: What is the Divorce or Dissolution Process?

Whether you decide to litigate your divorce, mediate the issues, submit to arbitration or use the collaborative process, certain aspects of your divorce will always be the same.

Each method requires a party to file a complaint for divorce or dissolution with the Court. If the parties have utilized mediation, arbitration or the collaborative process they have already come to a final resolution as to all issues which has been memorialized in a Marital Settlement or other Agreement. This Agreement is submitted with the Complaint and placed on the record before a Judge. The Judge then grants the parties a Judgment of Divorce, Dissolution of Civil Union, or Domestic Partnership under the terms of the Marital Settlement or other Agreement.

If the parties have decided to litigate their case, the process is much different. Once a Complaint has been filed with the Court, the other party must file an Answer and may also file a Counterclaim for Divorce or Dissolution. If there are children, in most cases the parties must then attend parenting class and free Custody Mediation scheduled by the Court in an attempt to resolve issues of child custody and parenting time.

From there, the parties exchange discovery, which can be expected to include all information regarding the financial aspects of the marriage and generally for a Civil Union or Domestic Partnership. An Early Settlement Panel (ESP) is then scheduled by the Court. ESP is a settlement tool wherein both parties and their attorneys present their case to a panel of two neutral family law attorneys who will provide guidance and suggestions as to how to settle the case.

If the case does not settle at ESP, the Court schedules the parties for Economic Mediation, where the parties meet with a mediator to attempt to settle the financial aspects of their case (alimony, child support and the distribution of assets). If this does not result in a settlement, the parties and their attorneys go before the Judge for an Intensive Settlement Conference as a final attempt for the parties to resolve the issues in their divorce themselves.

The matter is then listed for trial before the Judge who, after hearing testimony and examining all the evidence of the case, will decide any disputed issue of the divorce. The Judge will then render a Final Judgment of Divorce, legally divorcing the parties and adjudicating all issues involving custody and parenting time, alimony, equitable distribution, and child support. Trials may be spread out over weeks or months.

Maleski Eisenhut & Zielinski, LLC specializes in family law. Our firm will work with you to formulate goals, and then help you navigate the divorce process to achieve them. With our experience and dedication, we strive to obtain the best result for our clients. Contact us online or call 908-237-9711.

Q: How long does a Divorce or Dissolution take?

People contemplating a divorce are concerned about how long the process takes. The length of the time it takes to get a divorce is usually dependent on the following:

The Process. There are different processes. Parties can choose from mediation, arbitration, collaboration and litigation. Collaboration is oftentimes quicker and less costly than litigation

Experts. Parties may disagree on the value of a home, a pension, a business, a parties' employability or who should have physical custody of their children. In these situations, parties may employ experts to assist in the divorce process. These experts produce evaluations or reports, which take time to produce and finalize.

The Parties. During the divorce process, the parties themselves play a role in the process depending on their abilities to focus on issues, cooperate and compromise.

The Length of Marriage. Typically, a couple who are married for a few years have less marital property and history than a couple who have been married for many years. Often times, personal history and the size of the marital estate can contribute to the length of time it takes to finalize a divorce.

Q: What are the costs associated with a Divorce or Dissolution?

Much like the length of time it takes to get a divorce, the cost of obtaining a divorce can vary substantially given the facts of each case, the relative positions of the parties, the parties willingness to compromise, and their commitment to settle.

Initially, the courts charge a filing fee of $275 ($300 in cases involving children). 

If the parties decide to mediate their case, they hire a mediator to help them resolve their issues associated with the divorce or dissolution.  Each party should hire an attorney to educate and assist them and to review the agreement before submitting it to the court.  The costs involved depend on the number of mediation sessions required to settle the case.

In the Collaborative Process the parties may want to bring in a divorce coach or a financial expert to help settle the case.  These experts are optional, but can be very useful in ultimately resolving the case.  The costs for the Collaborative process hinge on the experts needed, and the number of sessions required before an agreement is reached.

In the context of litigation, given the specific issues and needs of your case experts may be required to: render decisions regarding custody and the best interest of children, to value property, to determine the income of a party, to value a business or other major asset, to render an alcoholism or drug evaluation or to determine a party's employability and earning potential, based on their background and education. 

Beyond the cost of experts, the primary factor affecting the cost of a litigated divorce is the length of time the case requires, and if the matter needs to go to trial. 

The attorneys at Maleski Eisenhut & Zielinski, LLC are happy to discuss with you all the options and their associated costs.  Since each case presents its own unique facts and issues, our experienced team can evaluate your case and recommend steps you can take to reduce costs.  Contact us online or call 908-237-9711.