Contesting a Divorce, what does it mean? Generally, it means not settling, but, not necessarily never settling. If parties are amicable in a divorce they may settle their case almost immediately and agree on all terms of their divorce in a property or matrimonial settlement agreement. If, however, the parties do not settle their case, the courts generally require that the parties continue litigating their case through a number of processes. The first is discovery, where the parties discover through discovery requests of each other in the form of a notice to produce and interrogatories, questions regarding marital assets, debts, custody, child support, and equitable distribution, what the parties have in terms of assets and property and what they want in terms of custody and parenting time. Generally, a court orders the timing of discovery through a case management conference and case management order.
Green & Associates, LLC Blog
There are times during a divorce where the parties and their attorneys may wish to meet outside the context of the Courthouse or outside the court ordered processes such as early settlement panel, economic mediation, case management conferences, intensive settlement conferences and pre-trial conferences. With the right parties, much may be accomplished with a direct meeting between the parties and their counsel. Often in that scenario, the parties are relatively amicable, are seeking to reduce litigation costs and are close to terms but need some ironing out that is better suited to a direct meeting as opposed to the traditional back and forth negotiations between attorneys.
If the parties are unable to settle after the initial papers are filed such as the complaint and answer, case information statements, and after discovery is exchanged and finally, after Early Settlement Panel, where they meet with two attorneys in an attempt to settle their case, they are court ordered to Economic Mediation. It is here where the parties pay another attorney to mediate their case solely on the economic terms. If they cannot agree to settle at economic mediation, then the parties must move forward towards trial. At economic mediation, the parties propose their economic settlement terms, which include equitable distribution of retirement assets, the marital home, issues of alimony or spousal support and child support. Call Green & Associates for a free consultation now to discuss your case at 732-390-0480 at our East Brunswick office or 201-242-1119 in our Fort Lee office. Night appointments are available.