Our clients always ask us, “What happens after the Complaint for Divorce is filed?” That is an important question, and it deserves a thoughtful response. We intend this blog post to be our comprehensive and “plain English” answer.

Case Management Order

Once we have served the other party with a Summons and Complaint for Divorce (or the other party’s lawyer has served us), and that party has filed an Answer, Counterclaim, or Entry of Appearance (or we have on our client’s behalf), then the Family Court will issue a Case Management Order (CMO) to the lawyers (or to self representing parties). T

The CMO describes all possible issues in dispute, such as the cause of action (the specific facts on which you’re bringing your complaint for divorce), child custody and parenting time, child support, alimony, equitable distribution of marital assets and debts, and who should pay for legal and related fees and costs.

Importantly, the CMO sets deadlines for each step in the divorce process. Specifically, it lays out deadlines for document production or exchange (including interrogatories; depositions; appraisals of home, car, jewelry, retirement accounts, and closely held businesses; the date the parties will attend court ordered custody/parenting time mediation (if the parties have a child or children); the date the parties will attend the quasi-arbitral but non-binding Matrimonial Early Settlement Panel (MESP); the date on which the parties and their lawyers will meet with the Judge in an Intensive Settlement Conference; and a trial date.

At MESP, if the matter does not settle that day, the lawyers will select an approved economic mediator, pick a date for the parties and counsel to attend, and enter into a consent order so stating.

The lawyers may, and generally do, work together to agree upon deadlines for discovery and court appearances.

The above deadlines are usually scheduled over 3 to 6 months, but the CMO in no way guarantees that your matter will conclude within that timeframe. Clients, lawyers, and judges often request rescheduling adjournments for various reasons. Even though the CMO may have you scheduled for a trial within 12 months, some cases take two or more years to conclude, depending on the complexity of the case, whether the parties and counsel are adversarial, and the general “busy-ness” of the Family Court calendar in a given court district (vicinage).

Court Ordered Child Custody/Parenting Time Mediation

If you have children, the court will schedule you for court-ordered mediation. Only parties with children under 18 years of age are ordered to mediation. Only the parents attend. Mediation is a state-paid service to parties with custody and parenting time issues. The court’s mediator will not discuss child support or any other economic issues in your matter. When the parties meet with the mediator, their attorneys generally do not attend. In rare instances, a party might feel more comfortable with the attorney in the waiting area so that they may confer during breaks, but the attorneys typically do not participate in the actual mediation sessions.

If a custody/parenting time settlement is reached, the mediator will put it in writing and have the parties sign it. If the lawyers make no objection within 5 days, the matter proceeds to the Family Court Judge for signature and entry as a Final Order. If there is an objection, the parties either will return to mediation, or the matter is listed as a contested custody/parenting time case.

If custody/parenting time issues remain contested, then the parties will proceed to Brief Focused Evaluation or full-fledged forensic psychological evaluations. Such cases are deemed a court priority, as the best interests of the children need early and persistent inquiry and court involvement. Also, the economic balance of the case often hinges on the decision as to which party (or both) shall be the legal custodian and which (or both) shall be the primary/physical/residential custodial parent.

Child custody/parenting time issues are critically important many reasons, including the possibility of a parent’s later relocation out of state with the children. The primary physical custodian gets the benefit of a presumption that a move out of state will be beneficial not only for that parent, but also for the child/children in his/her care. The other parent must show the likelihood of actual harm. We recently posted a blog article on this topic, for your further consideration.

Matrimonial Early Settlement Panel

MESP consists of two experienced family law attorneys who practice in your county and who have appeared before your Judge in their own cases. A week before you are scheduled to appear, your attorney will draft an MESP position statement for your review and input. This document states your position on all economic issues. Your attorney will send it to the panel before or on the day of MESP (depending on the requirements in the county of filing).

The panel members will review the facts of your case and then discuss them with the attorneys. The panel will ask the attorneys questions and debate each attorney’s position. They will then dismiss the attorneys to deliberate upon their non-binding recommendations privately. They will then call the parties and attorneys back to the conference room and provide their recommendations and reasons to the attorneys and parties. The panel will not discuss custody and parenting time with you.

The MESP process is confidential and not usable by either party in court.

Economic Mediation

If the parties do not settle their economic issues on MESP day, then the trial court will schedule counsel and the parties for economic mediation. The mediator provides an hour of preparation time and an hour of initial consult time at no cost to the parties. Thereafter, the parties generally split the mediator’s fee equally. If one party has all of the earned income, then that party probably will pay the mediator fully, with the right to seek adjustment at a later time.

The parties’ attorneys will attend economic mediation with the parties. The mediator will work with the parties to encourage compromise and settlement rather than having them incur substantial additional fees and costs for litigation.

The mediation process is privileged and anything stated in that setting is not admissible in evidence before the trial judge. This encourages open communication and compromise.

Intensive Settlement Conference

If economic mediation is not fully successful, the parties must attend an Intensive Settlement Conference with the trial judge. The judge will first meet with the attorneys to discuss the remaining issues and each side’s position on those issues. The judge will then talk with the parties and lawyers to encourage settlement before proceeding to trial.

Preparing for Trial

If the parties cannot settle their disputes, whether about child custody/parenting time, economic issues, or both, then they will be placed on a trial track. Lawyers spend many hours getting cases and clients ready for trial. Legal and support staff must update, review, and organize discovery, including interrogatory answers and deposition transcripts. Legal and support staff must prepare witnesses for testimony, including character witnesses, transactional witnesses, and collateral source witnesses in custody cases, and expert witnesses for all sorts of reasons (CPA’s; employability experts; custody evaluators; property appraisers; pension appraisers; among others).

Depending on the complexity of the issues, the attorneys and client will spend dozens of hours reviewing documents and preparing the client to testify.

Finally, shortly before trial, each party’s attorney will submit a trial memorandum laying out the list of witnesses, exhibits, legal arguments, and proposed findings of fact and conclusions of law.

And yes, the trial judge will continue to encourage settlement rather than trial. Settlement puts the decisions in your hands, rather than those of a well-intended stranger who does not have to live your life with the consequences of that third-party decision.

Interplay Between Clients and Lawyers

As a law firm, our motto is “compassionate counsel; tough advocacy”. That means we always seek solutions that are just and wise for you, as you tell us, yet we fight hard for you when a fight is required.

The fact remains that 98% of all contested civil cases (including Family Court cases) settle before a trial is required. And that does not count the untold tens of thousands of New Jersey matters each year that are resolved before either party files a single court document. So for most people, it is not a question of “whether” settlement will occur, but “when”, under what circumstances, and whether major monies have to be spent before settlement is attainable. And the client always has the last word on settlement.

However, despite best efforts, sometimes we have to try a case on behalf of the 2%. And when that happens, we are fully committed to our client’s cause and prepared for trial.

In this complex and consequential environment, we will skillfully guide you, advise you, and represent you every step of the way. We will treat you as a full-blooded partner in your own case, because your legal matters truly belong to you.

Conclusion

If you have any questions, concerns, or problems that this article does not address, please first take a look at our website for the answers, www.hananisaacs.com, and then feel free to contact us at any time for further information and details.

We are here to help you solve your problems constructively, efficiently, and completely, as much as we possibly can — and in light of the facts, the governing law, and the resources available to you and us.