Hopefully your first court appearance will be the initial Case Management Conference for divorce. I say hopefully, because if the initial divorce case management hearing is not your first court appearance, then you have likely had to file an emergent application or filed for a restraining order due to issues of domestic violence or pressing matters regarding your children. In a perfect world, your first court appearance would be an uncontested hearing because you were able to resolve all issues and enter into an agreement before even filing a Complaint for Divorce. However, in most cases, the first court appearance in your divorce is the initial Case Management Conference.
First, you will likely be required to attend. Most judges require that both litigants physically appear for the initial Case Management Conference for divorce. Judges like the litigants to see the courtroom, introduce themselves to the judge, get a feel for the surroundings and gain an understanding of how their case should progress through the judicial system. Sometimes a judge will swear the litigants in just in case questions are asked to the litigants, but that is rare and most often your attorneys will do all the talking.
Your initial Case Management Conference for divorce is the “road map” for your case with tasks to be done and completed by dates certain. It is an opportunity for the court to find out what the issues are in your case and begin the process of fleshing out those issues. For example, the judge will ask counsel if custody is an issue and, if so, the court will direct proposed child custody and parenting time plans to be submitted and scheduled custody mediation for the litigants.
Each potential issue will be addressed, including asset and property distribution. If there is a business, the court will appoint a forensic accountant (if the litigants have not already agreed on one) to value the business and set a date for the report to furnished. If retirement assets need to be valued, dates will be set to provide such evaluations. Similarly, if a martial home needs to be appraised, the court will appoint an real estate appraiser to provide a valuation report.
Discovery schedules will also be set. For example, counsel will be given a date to serve interrogatories (written questions) and document demands on the other side and a date when each side must respond to these requests. If case information statements have not been filed, the court will provide a date when case information statements have to be filed.
You will leave the courtroom with an order, a Case Management Order, that has identified the issues in your case; that has set dates for each side to provide requests and submit information to the other; that has appointed necessary professionals and set dates for reports to be submitted; that has scheduled custody mediation (if appropriate); and, that has scheduled the next court appearance, either a follow-up divorce case management hearing or another event (like a settlement conference).
Contact an Experienced New Jersey Family Law Attorney
The initial divorce case management hearing is an important first introduction to the process. Knowing your case, the issues involved and the tasks that must be performed is critical to the progress of your matter. If you have any questions regarding your divorce matter or any other family law-related matter, please do not hesitate to contact Callagy Law‘s family law department at (201) 293-3979 – and be sure to follow us on Facebook, where you will find invaluable content on a daily basis.
In your service,
Brian P. McCann, Esq.
Partner, Family Law
