Divorce Options

New Jersey Divorce Attorneys

Experienced Divorce Attorneys Located in Morris County

Any family law matter that requires the attention of an attorney has the potential to impact your life in countless ways. We understand that the legal process creates intricate dilemmas, which require creative, focused, effective, and multidimensional solutions. Family law matters, including divorce, can often be an overwhelming process replete with emotional, financial, and legal complications. Our team of compassionate and dedicated attorneys at Haber Silver & Simpson work together and partner with our clients to mitigate the impact of the emotional and financial stressors, which may arise during any family law dispute. We focus on what is most important to our clients, and diligently advocate to protect our clients and their families. For decades, our firm has zealously represented every client, and we are ready to advocate for you. Contact Haber Silver & Simpson for a consultation today.

Contested vs. uncontested divorce

Filing a Complaint for Divorce is the first step of the divorce process. Your complaint for divorce will contain the provisions you seek as it relates to child custody, parenting time, child support, spousal support, and equitable distribution of assets.  After this initial step is complete, the response of your spouse will indicate whether your matter will proceed in a contested or uncontested manner. When a contested divorce cannot be resolved through alternative dispute resolution such as mediation or arbitration; or during one of New Jersey Superior Court’s mandatory settlement conferences, it proceeds to trial, which is often an emotionally arduous and protracted process. The divorce proceeding gives each party an opportunity to argue their position and present evidence to support these arguments. At the conclusion of the trial, the judge will issue his or her decision regarding all issues, which will then be incorporated in the Final Judgement of Divorce. Our attorneys at Haber Silver & Simpson pride ourselves in exceptional trial preparation, ensuring our clients feel confident in their position prior to proceeding to trial.

Due to the time, money, and emotional energy expended during a contested divorce and trial, many divorcing couples choose to resolve their disputed issues through a form of Alternative Dispute Resolution, such as mediation or arbitration. During this process, each party’s attorney has the opportunity to propose settlement terms that the other party may consider and respond to. Through negotiation, you and your spouse may come to mutually-agreeable terms that allow you to resolve your matter expeditiously, on your own terms, and without the intervention of a trial Judge. As a result of reaching a Settlement Agreement through participating in a form of Alternative Dispute Resolution, your matter will proceed before a Judge as an uncontested divorce hearing.

Alternative dispute resolution

Mediation and arbitration are alternatives to litigation for many divorcing couples who wish to resolve their matter and avoid the many pitfalls associated with litigation. Our firm offers mediation and arbitration services for those couples who wish to participate in either form of Alternative Dispute Resolution.

Mediation: Mediation allows couples to negotiate sensitive family issues with the assistance of a neutral third party. The mediator’s role is not to force one or both parties into an agreement. Rather, the mediator is responsible for listening to the positions of each party, suggesting ideas for resolution, and may offer guidance on how the Court will likely rule with respect to particular issues that are points of contention or significant dispute between the parties.

Arbitration: Arbitration is analogous to the traditional divorce process in that it involves a third-party arbitrator who acts as a judge, and makes final rulings regarding key divorce issues such as child custody, child support, spousal support, and equitable distribution of marital assets. Arbitration preserves the benefits of Alternative Dispute Resolution. The “judge” is a privately hired attorney or retired Judge, often selected by the parties, and all discussions and negotiations take place privately and outside of a courtroom. This process lends itself to couples resolving their divorce in a much more cost-effective, efficient, and private forum. However, unlike mediation, the final decision-making authority is vested in the arbitrator, rather than the parties.

Whether you choose to engage in a form of Alternative Dispute Resolution or litigate your matter, the experienced attorneys at Haber Silver & Simpson are ready to work with you. Our legal team recognizes the difficulties associated with proceeding with a divorce under any circumstance, and we pride ourselves on assisting each client make informed, educated decisions along the way. Contact the attorneys at Haber Silver & Simpson to discuss your matter today.

LGBT divorce, civil unions & domestic partnerships

Our team of attorneys at Haber Silver & Simpson have represented many same-sex couples to dissolve their marriages, civil unions, and domestic partnerships, and as such, are able to help you navigate issues related to support, child custody, parenting time, and distribution of assets. Our firm continues to stay well-informed of all changes to both New Jersey and federal laws which impact same-sex couples and their families.