Traditional

Traditional divorce is the manner of divorce with which most people are familiar. In the traditional divorce setting, each spouse hires their own attorney to represent the interests of just that spouse and not the other. Once hired, the attorney for each party prepares the documents which that party needs in order to proceed with a divorce. Such documents include a Summons and Verified Complaint for Divorce, an Answer (with or without a Counterclaim for Divorce), a Case Information Statement, Motions, Pendente Lite applications, and other required documents. The attorneys thereafter engage in the lengthy process known as "discovery", whereby the parties make disclosure of all relevant financial (and other) information. The attorneys then prepare the case for trial and appear in Court any number of times for Case Management (and other) conferences with the Judge. The attorneys might or might not engage each other in settlement discussions and may or may not have the parties attend settlement conferences. Ultimately, where the case does not settle or otherwise resolve, the parties appear before the Judge for the purpose of trial. At trial, each attorney presents his/her client's case to the Judge and the Judge then determines the outcome of the case based on equitable distribution (and other legal) principles. Due to its inherently adversarial nature, traditional divorce is a long, complicated, frustrating, and expensive undertaking. Traditional divorce usually costs each party tens of thousands of dollars in legal fees.

Traditional divorce does have its benefits, including representation by an attorney who is under a legal duty to zealously represent your (and only your) interests, the ability to compel discovery of asset (and other) information through legal process, the ability to have a Judge make a determination as to the resolution of any issues in dispute, etc. Those benefits usually come at a huge cost, however. Among the costs of traditional divorce are large (usually very large) legal fees to be paid by each party, long delays as the attorneys engage in the discovery process, and long delays resulting from the backlog in the Court's trial calendar. Couples involved in traditional divorce frequently wait years before their matters reach the Court and are decided by the Judge. As a result, Courts strongly encourage couples to seek resolution of their matters through alternatives to traditional divorce, including mediation, arbitration, and collaborative divorce.

If you are looking for a divorce, please do not hesitate to call Jay at 973-598-9580 or, if you prefer, e-mail him at Jay@YanavokLaw.com, by using the link at the top of this page.