I’m Getting Divorced: What to Expect

For many people, it is not uncommon for their divorce process to be the first time they are experiencing our legal system. A common question clients ask at the beginning of a divorce process is what they can expect. The following are some key things to keep in mind that can help to make the divorce process seem less daunting.

It’s a marathon, not a sprint

People will often ask how long it will take for me to be divorced, and the answer, although frustrating, is “it depends”. The goal of our court system is to try and have people’s divorce matters finalized within one year from the date a Complaint for Divorce is filed. Whether your divorce matter will take more or less time depends on numerous factors, such as whether you need to participate in discovery to obtain a full and complete picture of the assets and liabilities subject to division as a part of your divorce.

The standard discovery period in divorce cases is 120 days, but this process can take longer if you need the assistance of experts such as a custody evaluator or a forensic accountant to value a spouse’s business.

Another factor is how many issues are contested. If you and your spouse are not aligned on any issues at the commencement of your divorce matter, that can lead to more litigation and a longer divorce process.

One size does not fit all

The fact your neighbor’s divorce was resolved in one manner does not mean your divorce will resolve the same way. In New Jersey, many issues such as custody, parenting time, and alimony are determined by a review of numerous factors which focus on the specific facts of a given case. The Court has the discretion to determine how much weight it wishes to give to certain factors. While speaking with someone else who has gone through a divorce can help to provide support during a difficult time, you may set yourself up for unrealistic expectations if you believe your divorce will mirror someone else’s.

There is no way to guarantee how much your divorce will cost

The cost of your divorce process will largely depend upon the number of contested issues in your matter and how those issues need to be resolved. While we work with clients to be as cost-efficient as possible, the more issues need to be litigated to be resolved, the higher the costs associated with the divorce will be. There are also costs associated with the retention of experts, which may be necessary to resolve issues in a divorce matter. As the client, you will have to decide what issues you may be willing to compromise on to avoid the costs associated with litigation and what issues are non-negotiable.

We understand the divorce process can be overwhelming, and having realistic expectations as to what to expect can help to make that process less difficult. If you are considering a divorce, our team of attorneys is here to help you with that process.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.