NJSBA Family Law Section

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  • 1.  Best Practices Citation

    Posted 08-02-2018 04:36 PM
    I'm probably overlooking something obvious, but how do I cite to "best practices" that require a divorce filing to be completed within one year?  I've heard it countless times, but I've never actually seen it.  In doing some basic research, I understand "best practices" refers to rule amendments as to creating a streamlined and uniform procedures for the completion of trial (especially as to discovery), but I can't figure out where the 1-year requirement for divorces comes from.  Any help is most appreciated.

    Thanks in advance,

    ------------------------------
    Gregory Thomlison
    Kerr & Thomlison, L.L.C.
    Toms River NJ
    (732)736-8100
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  • 2.  RE: Best Practices Citation

    Posted 08-03-2018 12:05 PM
    At 04:35 PM 8/2/2018, you wrote:
    I'm probably overlooking something obvious, but how do I cite to "best practices" that require a divorce filing to be completed within one year? ...


    I don't believe that this comes under best practices. It's an AOC guidelines implemented after the recommendations of the Commission to Study the Laws of Divorce, where the public felt divorces "take too long and cost too much." If a case is over a year, it's in backlog and the AOC expresses displeasure with the PJFP's, but there's no Rule I'm aware of on it. There's a Rule that custody matters are supposed to be resolved in six month (LOL), and Family Part trials are supposed to be as continuous as possible (LOL), but nothing on a one-year limit.

     
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  • 3.  RE: Best Practices Citation

    Posted 08-03-2018 01:30 PM

    Greg, I think Dave is right.  I think it's something that the Family Part has to follow through AOC guidelines that are not accessible to us mere mortals.  However, I do think that AOC calls it "best practices" – the one year rule. 

     

     

     

    Mark F. Saker, Esquire

    Attorney ID #271831971

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  • 4.  RE: Best Practices Citation

    Posted 08-03-2018 01:50 PM
    I have limited internet access at the moment, but I believe that if you go on the Court website and look around you can access best practices manuals and/ or look at the annual statistical reports published by the AOC and there will be mention of time frames for each docket type and what is considered to be a "backlogged " case.  




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  • 5.  RE: Best Practices Citation

    Posted 08-04-2018 06:54 AM
    I haven't looked for this particular one, but I would think AOC guidelines could be found on the Judiciary website.  I have found CIC (Children in Court) guidelines there and cited them.

    Sent from my iPhone



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