LAW OFFICE OF AMANDA MAYS
(609) 378-5944 Protect Your Greatest Asset....Your Family
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LAW OFFICE OF AMANDA MAYS
Princeton Corporate Center
5 Independence Way
Suite 300
Princeton, NJ 08540
Telephone - (609) 378-5944
Fax - (609) 228-4067
161 Main Street, 2nd floor
Hackensack, New Jersey 07601
BY APPOINTMENT ONLY
THE DIVORCE PROCESS
FILING A DIVORCE COMPLAINT WITH THE SUPERIOR COURT
The Plaintiff filing a Divorce Complaint with the Superior Court is the first step in the
New Jersey Divorce process. The Plaintiff must allege grounds for the divorce, such
as Irreconcilable Differences, Extreme Cruelty, Adultery, 18 Month Separation,
Desertion, Addiction, Deviant Sexual Conduct, Institutionalization, and Imprisonment.
The Plaintiff seeks relief for issues related to the marriage, such as child custody,
child support, alimony, property distribution, life insurance to secure the support
obligations, visitation/parenting time, a name change (if you wish to resume your
maiden name,) and attorney’s fees. A filing fee of $250 must be attached to your
Divorce papers made payable to “Treasurer, State of New Jersey.” If unemancipated
children were born of the marriage, you will include an additional $25 for a mandatory
Parent Education Class.
ANSWER, ANSWER & COUNTERCLAIM, or APPEARANCE
Once the Defendant is properly served, they will have 35 days to file an Answer,
Answer & Counterclaim, or an Appearance. They will admit or deny any and all
allegations made in the Divorce Complaint. They may file a Counterclaim, asserting
their own grounds for divorce. The Defendant can request relief they are seeking for
all issues relating to the divorce. If the Defendant does not file an Answer or
Appearance within the prescribed time, the Plaintiff will begin the process to obtain a
Default Judgment.
CASE MANAGEMENT CONFERENCE
The Case Management Conference is the first Court appearance for the attorneys.
Most often the parties will have to be present as well. The Judge will set discovery
deadlines, such as deadlines for propounding and answering interrogatories and
requests for production. This is a wonderful tool to obtain important information about
your case from the other side. At this time, all bank records, tax returns, credit card
statements, IRA/401k statements, as well as other financial documentation will be
exchanged. Depending on the honesty of the parties, the complexity of the issues,
and the necessity to locate hidden assets, there may be a need for depositions,
forensic accounting, and private investigators. The parties will be able to obtain
whatever expert witnesses or reports they will need to establish their case at trial,
including psychologists/custody evaluators, real estate appraisers, personalty
appraisers, pension appraisers, business appraisers, and forensic accountants.
NEGOTIATION
Once discovery has been completed and all the cards are on the table, the parties are
in the best position to negotiate a settlement. The attorneys can send settlement
proposals and schedule a four-way conference with their clients to negotiate all
issues related to the marriage and its dissolution. It is very important to discuss your
priorities with your attorney. Although an asset may be a marital asset and subject to
equitable distribution, you may be able to exclude this asset from division by offsetting
it against another. For example, if keeping your pension is most important to you, you
may be able to achieve this goal by substituting the other party’s interest by your
interest in another asset. Please make sure to discuss all tax implications with your
attorney as that will also be a consideration when offsetting assets and support. If an
Agreement can be made, a Property Settlement Agreement is drafted and the parties
will be placed on the Uncontested Divorce calendar. The Divorce can be final shortly
after an Agreement is executed.
PENDENTE LITE RELIEF
During the divorce process, the parties have the right to seek temporary relief by filing
a motion. Most commonly, parties seek a determination of temporary custody,
temporary support, temporary visitation/parenting plan, directing the other party to
maintain the health insurance, life insurance, etc., restraining the other party from
disposing of or dissipating marital assets, and attorney fees.
MATRIMONIAL EARLY SETTLEMENT PANEL
If your case has not settled, the parties and their attorneys will appear before a panel
of attorneys to address the economic issues in dispute. The panel of attorneys will
give their recommendations and opinions based on their many years of practicing
before that Court. If the parties can settle on that day, either before or after appearing
before the panel, they will be divorced on that day. If they could not settle, they will
appear before the Judge for a trial date. They will also be required to attend Economic
Mediation.
ECONOMIC MEDIATION
Economic mediation is the Court’s last attempt to facilitate a settlement between the
parties prior to the trial date. The mediator will sit with the parties and their attorneys
at a last attempt to resolve any outstanding financial issues.
TRIAL
If there are any issues outstanding, they will be decided by the Judge at trial.
With law offices in Princeton and Hackensack, Amanda Mays focuses her practice on matrimonial and family law litigation. The Princeton Law Office of Amanda Mays serves clients throughout Central Jersey,
including the communities of Plainsboro, Princeton, New Brunswick, Cranbury, Princeton Junction, East Brunswick, South Brunswick, North Brunswick, East Windsor, West Windsor, Lawrenceville, Trenton, Heightstown,
Monroe, Jamesburg, Edison, Highland Park, Hamilton, Ewing, Pennington, Washington Twp., Hopewell, Old Bridge, and Woodbridge,
Middlesex County • Mercer County
Burlington County • Hudson County • Bergen County • Union County• Monmouth County
Areas of Practice: Divorce Law, Family Law, Custody, Child Support, Domestic Violence, Alimony (spousal support,) Annulments, Uncontested Divorce, Contested Divorce, Restraining Orders, custody modifications,
emancipation, & child support modification
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The Law Office of Amanda Mays offers the following services: Contested Divorce, Uncontested Divorce, Premarital/Postmarital Agreements, Child Custody Disputes, Child Support. Visitation/Parenting Plan, Domestic
Violence / Restraining Orders, Spousal Support / Alimony / Palimony / Maintenance, Marital Property and Property Division/Partitions, Marital Asset Distribution and Marital Debt Allocation, Enforcement,
Modification/Termination of Child Support and Alimony Annulments, Unwed Parents/Paternity, Custodial Parent Relocation, DYFS cases, Adoption, Grandparent & Third Party Visitation Rights
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individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.