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The defendant responds by way of a VERIFIED ANSWER which either admits or denies the allegations of the complaint. divorce papers free Alimony and cohabitation and new jersey law. The defendant may also include a COUNTERCLAIM for divorce against plaintiff or affirmative defenses. If the defendant sets forth a counterclaim, the plaintiff must serve a VERIFIED REPLY or the counterclaim will be treated as undefended. 3. divorce papers free Custody rights of grandparents. THE PRELIMINARY CONFERENCEEach attorney can file a demand for a PRELIMINARY CONFERENCE which asks the court to schedule discovery dates. The courts require that both parties and their attorneys attend this conference which is usually held with the judge or the judge's Law Secretary. At this conference, if custody is in dispute, the court may order a forensic psychologist or psychiatrist to interview the parents and the children, thereafter furnishing the court with a report. divorce papers free Divorce in texas. This report sets forth the expert's opinion as to what custodial and visitation arrangements would be in the best interests of the children. The court will also appoint a LAW GUARDIAN, an attorney who represents the children. The parties are required to pay for these professionals. 4. FINANCIAL DISCLOSUREFor the most part, discovery in matrimonial actions is confined to financial matters. The law views marriage as an economic partnership which must be dismantled by the conclusion of the divorce action. The analogy often used is a that of a corporation undergoing bankruptcy and its assets being distributed to creditors. a. The parties must exchange a STATEMENT OF NET WORTH, essentially personal financial statements,together with current paycheck stubs and recent federal and state income tax returns. b. Parties may be served with NOTICE OF DISCOVERY AND INSPECTION which requires the production of original financial records. c. Parties may be served with INTERROGATORIES which are written questions on finances that require sworn responses. d. The parties may be questioned at a DEPOSITION (examination before trial) under oath with a court reporter recording the proceeding. The length of the discovery process varies depending on the complexity of the parties' assets. The discovery phase typically takes at least three (3) months. 5. APPRAISALSDuring the discovery phase, it is often necessary to retain experts to evaluate certain marital assets for the purpose of equitable distribution.
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