Know What to Expect in the Divorce Process
There are several mandatory programs established by the Courts to assist litigants in reaching a settlement without having to proceed to trial. However, there are times when proceeding to trial is the best option and our attorneys are experienced, zealous advocates who are capable of doing so.
In the Smith & Doran family law practice led by attorney Jane Ellen Doran, we help our clients understand the divorce process. This enables our clients to feel empowered and able to make informed decisions concerning a fair resolution to their matter.
We Help You Make Decisions That Are Right for You and Your Family
New Jersey family courts give spouses every possible opportunity to resolve issues without litigation. It costs time, money and stress to go to trial.
- When the spouses are able to resolve issues in a divorce by agreement, the tension level is lower, and both parties feel more in control of the decisions and their future. This is beneficial to each party and especially important when children are involved. When issues are decided by trial, a stranger (the judge) makes all the decisions.
- In the discovery phase of the divorce process each party must provide requested information identifying and disclosing assets, the value of assets and liabilities. Each party also has the opportunity to retain experts for purposes of valuing assets, business interests, and assessing the earning ability of the other party.
- If custody and/or parenting time matters are an issue, there may be a need to retain custody experts for purposes of preparing custody evaluations. At the conclusion of the discovery phase, the matter is scheduled to present to an Early Settlement Panel, or "ESP." ESP is similar to arbitration. Each party's position is presented to the panelists, who are experienced matrimonial attorneys who will then make recommendations as to how they believe the matter could be settled. This "recommendation" is based upon the panelists own experience and applicable laws of the State of New Jersey. However, neither party is bound by this recommendation. This program has been quite successful in assisting parties in reaching a settlement agreement, rather than proceeding with additional litigation.
- If a matter is not fully resolved after attending ESP, the case is scheduled for Mandatory Economic Mediation. This, too, has proven to be a successful process in helping parties reach a resolution to their matter.
- If Economic Mediation is unsuccessful, the next step is an ISC — Intensive Settlement Conference.
If, after the aforementioned settlement processes are unsuccessful, a trial date will be set. While trials are the exception in New Jersey, in appropriate circumstances trial may be necessary to ensure our clients receive a fair resolution to their matter. Our lawyers work diligently to ensure that a matter is ready to proceed to trial when necessary and appropriate. Each step of the way we work with our clients in an effort to reach a fair resolution but are ready to proceed to trial, if necessary, to achieve the best result in a particular case.
The Initial Consultation
The idea of talking to someone you barely know about personal issues involving your family is not comforting. We are sensitive to that fact and want to assure you that all consultations and meetings with your attorney will be confidential. When you call to schedule an appointment, we will provide a short list of documents you can bring to make the meeting more productive. To allow time for us to learn the details of your unique situation, please allow approximately one hour for your initial consultation.
Call (973) 813-7006 Today · Confidential Consultation
For answers to your divorce questions, contact the Law Offices of Smith & Doran in Morristown, New Jersey.
