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TRIAL IN NEW JERSEY
A trial can be either a “bench trial,” which is decided by the judge, or a “jury trial,” which is decided by a jury.
There is no right to a jury trial in most divorce cases, although the right can be invoked in certain circumstances by combining your divorce case with personal injury or other civil claims.
The trial itself will consist of several distinct phases:
- Opening statements (optional);
- The plaintiff’s case, which will include introduction of evidence, direct testimony, cross-examination, and redirect testimony of witnesses;
- The defendant’s case, which will include introduction of evidence, direct testimony, cross-examination, and redirect testimony of witnesses; and
- Closing statements.
Afterward, the Court will weigh the evidence and testimony and render a decision on the issues presented.
The vast majority of New Jersey divorce cases will settle (perhaps 98% or more). If your case is one of the unfortunate few to make it all the way to trial, I strongly recommend hiring an experienced and aggressive New Jersey divorce lawyer to assist you.
Andrew M. Shaw is the author of My New Jersey Divorce and a divorce and family attorney with the DeTommaso Law Group in Somerville, New Jersey. CLICK HERE to schedule a consultation.
Focused. Accessible. Compassionate. Aggressive.
ASSOCIATIONS & MEMBERSHIPS:
- New Jersey State Bar Association – Family Law Section
- New Jersey State Bar Association – Young Lawyers Division
- Somerset County Family Law Practice Committee
- MENSA International
- New Jersey State Bar
- U.S. District Court for the District of New Jersey