Hackensack Divorce Process | Steps to Divorce

No one goes into a marriage thinking they’re going to get divorced (if they do, they really shouldn’t be getting married in the first place). There may be smart precautions to take (say, a prenuptial agreement), but as the saying goes: ‘Till death do us part…

Yet, according to the website statista.com, the divorce rate in New Jersey is 2.5 divorces per 1,000 people. U.S. News & World Report puts the statistic higher, at 5.16 divorces per 1,000 people. Either way, divorces are a fact of life in New Jersey.

When you start the Hackensack divorce process, though, you’re not a statistic— you’re a person with feelings and beliefs. It suddenly becomes real. It may feel scary and overwhelming; you may be consumed with fears, questions, and concerns.

That’s where the O’Cathain Law Group Family Law Department can help: we’ve handled all types of divorces and seen all the potential issues, no matter the particularities of your divorce. The managing partner of our Family Law Department, Francesca O’Cathain, Esq., is certified by the New Jersey Supreme Court as a divorce lawyer. Our job is to fight for what’s best for you and your family and to help you Move Forward to the next chapter of your life.

Steps to Take to Divorce

Every new beginning starts with a first step. Let’s look at the divorce process in Hackensack:

First, you’ll set up an initial consultation with a family lawyer to determine if you wish to retain them. O’Cathain Law Group Family Law Department’s partners, associates, and of counsels practice family law exclusively, and meeting with one couldn’t be easier: call (201) 488-1161, email in**@ol***.com, or simply fill out the online intake form here. Make sure your family lawyer is the right fit for you, and realistically discuss your goals and worries with them.

The first document the court requires is a Complaint for Divorce (see our page Hackensack Divorce Requirements), which will set out the issues the divorce must resolve. Your family law team— including our dedicated family law paralegals— will work with you on this and all documents.

Your divorce lawyer will represent you at the Case Management Conference, where attorneys and clients will meet with the judge assigned to your case and review all the case issues, ranging from child custody agreements to questions about marital finance.

You and your lawyer, along with your co-parent and their lawyer, will work out a framework for Custody and Parenting Time, based upon the recommended guidelines of the court and several factors (primary caregiver, job demands, etc.).

Both sides will engage in Discovery, in which facts and information pertinent to the issue of divorce will be learned by both divorcing spouses and their legal teams.

If your case is not resolved by the Discovery deadline (as most cases are not), you’ll be required to meet with an Early Settlement Panel, a neutral panel that will make recommendations geared towards settlement (designed, as the name suggests, to guide cases to early settlement). Here’s the chance to address still outstanding issues, such as what the parenting visitation schedule will be for the non-custodial parent.

If your case is still ongoing, your team will engage in economic mediation to resolve economic issues such as the equitable distribution of marital property.

If the parties divorcing are still not in agreement, the judge may require an Intensive Settlement Conference (ISC)—usually in court—in which all good faith efforts will be made to settle the case.

If the ISC fails, there will, of course, be a trial. Unlike what you watch on TV, most cases settle and don’t go to trial. However, if need be, the family law attorneys at O’Cathain Law Group Family Law Department are accomplished litigators in the courtroom, ready to fight for you and your family.

Finally, when both parties have agreed to and signed the final paperwork, or, if a trial is had, the judge enters its decision on the issues, you will appear in court to be pronounced divorced. (In some cases, the judge will permit this to be done “on the papers” and without the necessity of an appearance in court.)

We know it’s a process— but our Hackensack divorce attorneys are here to help you navigate it, step-by-step. You can Move Forward to a day when you’re legally divorced— and happy to be so.

Let a Hackensack Lawyer Help You Navigate the Divorce Process

Ready to Move Forward? O’Cathain Law Group Family Law Department has a dedicated team to help you navigate each part of the Hackensack divorce process. Call (201) 488-1161 to schedule a consultation, email in**@ol***.com for more information, or simply fill out the online intake form here.