What to Expect at Your NJ Divorce Case Management Conference
After you have filed your initial divorce complaint and served the other party, your case will proceed to the case management conference, which represents the first opportunity for your attorney to gauge where you and your spouse stand on critical issues. Essentially, case management provides a litmus test by which to assess your respective stances on factors such as alimony, child custody, child support, and division of assets. Although negotiation is not typically a feature during case management, the conference is a significant event in determining the trajectory of your divorce.
Prior to the case management conference, the court will assign your case to a specific track, the four categories of which are: priority, complex, expedited, or standard. The complexity of the situation and potential sources of dispute will determine the designated track and the projected timeline for resolution. Once the case management conference is scheduled, the court will also determine whether it is necessary to conduct the conference in person or via another medium such as telephone or fax. Each county has the discretion to determine the appropriate forum for the case management process; however, telephone conferences are relatively common.
The case management conference serves a number of purposes, perhaps the most important of which is the opportunity to evaluate the contentiousness of your divorce moving forward. We eluded to “contested” vs. “uncontested” divorces in earlier posts, but this week we will further elaborate on the significance of this distinction and its relevance to the case management conference. Although some might conceptualize contested vs. uncontested divorces as two entirely separate categorizations, it is more accurate to understand the contentiousness of your divorce on a spectrum.
For example, some couples may begin divorce proceedings with minimal disagreements regarding finances, parenting time, or other issues, while others are completely polarized in these areas, requiring an aggressive approach to reaching an equitable solution. The case management conference provides your attorney with the first real opportunity to see where you stand in relation to your spouse and begin crafting the most effective strategy for advocating on your behalf.
The other primary purposes of the case management conference are determining the discovery timeline and assessing the necessity for experts and appraisals. Ultimately, the conference produces “case management orders,” which dictate the next steps required of each party and the time period within which these actions must be accomplished. The discovery period that follows may require property appraisals, consultations with experts, and/or producing certain documents for the other side. The case management conference will specifically delineate these action items, which become crucial during the discovery period of your divorce. Next week, we will delve into the different components of the discovery phase and how each of these may contribute to your divorce’s resolution.
