Frequently asked questions about Litigation/Appeals:
How long will my case take?
The length of your case will depend upon the complexity and the court’s calendar. Some litigated cases are completed in a year, others take several years.
If I need a decision on an issue right away, can that happen with litigation?
Yes. If you have an emergency matter, the court can hear it on same day you bring your action. If you matter is not an emergency but cannot wait until the final hearing on your divorce, your attorney can file a motion with the court.
I really wanted to do collaborative law but my spouse filed a divorce complaint, can I still settle my case?
Even if there is a pending divorce complaint, you can still try to settle your divorce outside of court. Although the case will not technically be a collaborative case, you can still work toward a mutually agreeable resolution.
What happens after I file my Complaint for Divorce?
The court will set down a timetable for exchanging documents. The court will also require that you and your spouse attended a mandatory settlement conference called the Early Settlement Panel. If you cannot settle your matter at the ESP, the court may require that you and your spouse see a court approved mediator before holding an intensive settlement conference. If you cannot settle after the intensive settlement conference, a trial is scheduled.
I am unhappy with the trial court’s decision. What should I do?
You can file an appeal of the trial court’s decision with the New Jersey Appellate Division.