How to start the divorce process in NJ

[carol1206]

What is the name of your state? New Jersey

Have been separated for 19 months. Married 18 years with 3 children. Child Support has been established by the courts. We do not own a home together, there are no assets to be divided, nor debt. Divorce would not be contested. I have primary custody of the children, with 50/50 legal custody. It should be a simple divorce. The only "problem" I see is agreeing on visitation. He chooses to see the children at his convenience, which is minimal at best.

I have consulted an attorney. He wanted an initial retainer of $2500 but since I took care of the child support issues myself through family court, the attorney lowered his fee to $1500. I would like to file the divorce papers without the help of counsel, if possible. Any suggestions? Thanks.

 

[LdiJ]

What is the name of your state? New Jersey

Have been separated for 19 months. Married 18 years with 3 children. Child Support has been established by the courts. We do not own a home together, there are no assets to be divided, nor debt. Divorce would not be contested. I have primary custody of the children, with 50/50 legal custody. It should be a simple divorce. The only "problem" I see is agreeing on visitation. He chooses to see the children at his convenience, which is minimal at best.

I have consulted an attorney. He wanted an initial retainer of $2500 but since I took care of the child support issues myself through family court, the attorney lowered his fee to $1500. I would like to file the divorce papers without the help of counsel, if possible. Any suggestions? Thanks.

While I understand your desire to handle it without an attorney. Its honestly best to have one if you can swing it. Things can happen that throw you off if you try to do it on your own.

You stated that you have privacy custody, with joint legal custody. Is this ALSO already court ordered? Was visitation not included in that order?

 

[carol1206]

I have primary custody, with 50/50 legal custody. This was court ordered at the time of the child support hearing. I was just trying to save myself some $ by doing this divorce pro se. Do you think it's possible? Visitation was not discussed nor addressed by the court.

 

[LdiJ]

I have primary custody, with 50/50 legal custody. This was court ordered at the time of the child support hearing. I was just trying to save myself some $ by doing this divorce pro se. Do you think it's possible? Visitation was not discussed nor addressed by the court.

Its unusual for a custody order not to address visitation in some way...it does not even say reasonable or liberal visitation?...without stating a specific schedule?

In any case, other than visitation, it appears that you don't have anything to fight about since custody and child support are already established by court order.

Therefore, this may be a divorce that could be don't without an attorney. It wouldn't hurt to try. You could even try leaving visitation out of the divorce entirely...and handle that issue separately....if and when either of you become disatisfied with the current arrangements.