November 25, 2025
Episode 1 - What to Know Before Filing for Divorce in New Jersey with Alix Claps
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Episode Summary
In this episode of For Better or For Court: Family Law in New Jersey, family law attorney Alix Claps of Heymann & Fletcher shares essential insights on what individuals need to know before filing for divorce. With years of experience handling divorce, custody, and family law matters across New Jersey, Alix provides guidance on timing, legal requirements, documentation, and the emotional considerations that come with this life-changing decision. From understanding no-fault divorce to preparing financial records, Alix explains the practical steps clients should take and clears up common misconceptions about the divorce process.
Timestamps
0:00 – Introduction and Path to Family Law
1:54 – Why Choose Family Law?
2:39 – First Legal Decisions in Divorce
4:34 – Timing and Preparation
8:22 – Understanding No-Fault Divorce in New Jersey
9:56 – The Divorce Filing Process
12:15 – Common Misconceptions About Divorce
13:40 – What Happens If One Spouse Doesn’t Want the Divorce?
16:35 – Final Advice for Those Considering Divorce
About the Show
For Better or For Court: Family Law in New Jersey is a podcast hosted by family law attorney Alix Claps of Heymann & Fletcher. Each episode offers practical legal guidance on divorce, custody, and family law matters in New Jersey. Designed for individuals navigating difficult decisions, the show breaks down complex legal processes into clear, compassionate advice—helping you feel informed, prepared, and supported every step of the way.
Hashtags
#FamilyLaw, #NewJerseyDivorce, #DivorceAttorney, #MatrimonialLaw, #ChildCustody, #NoFaultDivorc,e #DivorceProcess, #DivorceAdvice, #DivorceLawyerNJ, #ForBetterOrForCourt
How Did Alix Claps Begin Her Career in Family Law?
Alix Claps shared that her journey into family law was not something she initially planned. Before becoming an attorney, she worked as a stage manager in various theatres. However, seeking more balance and a long-term career path, she went to law school and clerked in the civil part. While initially practicing a mix of civil law, Alix eventually joined Heymann and Fletcher, where she was mentored by experienced family law attorneys Ronald Heymann and Steve Fletcher. It was through this work that she developed a passion for family law and helping people navigate one of the most personal areas of the legal system.
Why Did Alix Claps Choose to Focus on Family Law?
According to Alix, the most rewarding aspect of family law is solving problems for people in very personal situations. Unlike other areas of law, family law deals with issues that affect daily lives—divorce, custody battles, and adoption. Many clients have never been inside a courtroom before, so her role is to guide them through a process that can feel overwhelming. Alix explained that she wants her clients to be able to move forward and enjoy life, and family law gives her the opportunity to make that impact.
What Are the First Legal Decisions to Consider Before Filing for Divorce?
When considering divorce, Alix emphasized the importance of envisioning life after marriage. She explained that marriage is a team dynamic, and when that team breaks down, individuals must ask themselves what their life will look like moving forward. It’s not simply about ending a marriage, but about planning for the next stage. She encourages clients to reflect on what they are giving to the marriage, how it impacts their life, and what their future could look like without their spouse.
How Does Alix Claps Balance Empathy with Legal Guidance?
Alix noted that while she listens to her clients with empathy, she maintains professional boundaries. She tells clients they can feel any emotions they want during divorce, but her role is not to be personally invested in their feelings. Instead, her role is to separate what is legally relevant from what is not. While clients may bring years of personal baggage to the process, the court is only interested in the facts that matter to the divorce. Alix balances compassion with objectivity to keep her clients focused on the best outcome.
How Important Is Timing When Filing for Divorce in New Jersey?
Alix explained that many people wait too long to file, which can make the process more contentious and emotionally draining. In New Jersey, the date a divorce complaint is filed marks the legal end of the marriage, which can impact certain rights. However, beginning the process does not always mean immediately filing in court. Some people choose to start planning privately before filing to preserve privacy or work out agreements outside of court. Still, waiting too long can create drawn-out and hostile divorces that last for years.
What Documentation Should Be Gathered Before Filing for Divorce?
Preparation is critical, according to Alix. She advises clients to gather financial documents, including tax returns, pay stubs, W-2s, and retirement account statements, especially from the early years of marriage. These records can be difficult to obtain later, but they are essential for determining marital assets, calculating spousal support, and addressing division of property. Clients should also plan for housing and expenses after divorce, as living on a reduced household income is one of the biggest challenges.
What Does No-Fault Divorce Mean in New Jersey?
Alix explained that most divorces in New Jersey are filed under irreconcilable differences, a form of no-fault divorce. While fault-based grounds like adultery, desertion, or extreme cruelty still exist, they rarely affect the final outcome. However, there are exceptions—such as cases where one spouse dissipates marital assets on an affair partner. In these situations, filing under adultery may help recoup financial losses. Alix noted that in New Jersey, if adultery is alleged, the affair partner must be named in the legal pleadings.
What Happens Legally When Filing for Divorce?
Filing for divorce begins with providing the court with basic information, including the date of marriage, children’s details, and addresses. The initial complaint lists the relief being sought, such as support, custody, or equitable distribution. Additional documents include a confidential litigant information sheet, which contains sensitive identifying information, and a certification of insurance, which prevents either spouse from changing insurance coverage during the case. These filings establish the foundation for the court’s handling of the case.
What Are the Most Common Misconceptions About Divorce?
According to Alix, the biggest misconception is that the reason for the divorce matters in court. While clients often want to share their personal stories, the court is not focused on emotional grievances, such as household disagreements. The court only considers issues relevant to the divorce, such as financial misconduct, dissipation of assets, or abuse that has legal implications. Alix reminds clients that their attorney is not their therapist, and that therapy is the best place to work through emotional challenges.
Can a Spouse Prevent a Divorce From Happening?
Alix made it clear that in New Jersey, no one can prevent a divorce if the other spouse wants it. However, an uncooperative spouse can delay proceedings, make the process more expensive, or increase emotional stress. While one party cannot stop the divorce, they can complicate it significantly. In some cases, individuals choose to make compromises just to complete the process more quickly and move forward.
What Advice Does Alix Claps Have for Those Considering Divorce?
For anyone overwhelmed by the idea of divorce, Alix recommends consulting with multiple attorneys before making a decision. Because clients must share highly personal and financial details with their attorney, it is important to feel comfortable and supported. Even a highly skilled attorney may not be the right fit if there isn’t trust and rapport. She also emphasized that family law attorneys must compartmentalize the emotional toll of their work to avoid burnout and continue providing the patience and guidance their clients need.