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Divorce Resources - Maleski Eisenhut & Zielinski, LLC, Flemington NJ

Family Assets - Courts view a stay-at-home spouse as contributing to the family's assets. As such, if your spouse's assets or business has increased in value during the marriage, you may be entitled to a percentage of that growth upon divorce.

Answers to Common Questions

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 partners 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.

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