Divorce Options in New Jersey

Going through a divorce can be a very difficult and exhausting process. It requires a great amount of patience to go through the many necessary legal matters that must be settled. These matters must be resolved before spouses go their separate ways. In the state of New Jersey, there are several different ways a couple may divorce. Different types of divorce options allow for different circumstances within a couple’s relationship. If you are going through a divorce, an experienced attorney in Bergen County can guide you through the proceedings.

Contested Divorce

When a couple goes through a contested divorce, it means that they cannot reach an agreement on the issues at hand. This may happen if neither spouse signs an agreement and leaves their marital issues unsolved. When this occurs, a judge may take over making the decisions for the couple and resolve these issues on their own terms. This allows a judge to make decisions regarding situations such as child support, custody, the division of assets, and alimony.

In a contested divorce, a spouse is able to cite “fault” or “no-fault” grounds. When fault grounds are cited, it means a marriage ended due to adultery, abuse, desertion, habits of intoxication, or a prison sentence of 5+ years. When no-fault grounds is cited, it means neither spouse is holding the other responsible for the end of their marriage. When this happens, the divorce proceedings may begin.

Uncontested Divorce

An uncontested divorce occurs when neither spouse holds the other accountable for the divorce. This happens when both spouses accept their marriage cannot be repaired and agree to the terms of their divorce. It is also known as an “Irretrievable Breakdown of Marriage.” There are two types of irretrievable breakdowns:

  • 1A Divorce: When both spouses agree on their marital issues.
  • 1B Divorce: When marital issues are left unresolved.

Other Options

While it is not possible for all couples, some separating couples often wish to seek alternative methods of divorce outside of a courtroom. In these situations, spouses will work to come to an agreement on marital issues such as child custody, child support, the division of assets, and alimony. Options available to couples in the state of New Jersey are:

  • Mediation: Allows a couple to negotiate the terms of their divorce with the assistance of an unbiased third party to help them come to an agreement on a situation that works best for them.
  • Arbitration: This option also uses a third party who serves as a judge. This third party makes any final decisions regarding the couple’s marital issues.

Contact our Firm

If you or someone you know is considering a divorce and wish to seek legal counsel to guide them, contact The Radol Law Firm today.

Before taking any sort of legal action, it is important to discuss your legal matter with an experienced attorney. Contact The Radol Law Firm to discuss any divorce and family law matters you may be faced with.