Do I Need to Get Divorced in the Presence of a New Jersey Court?

The process of divorce can create emotional, financial, and legal complications between you are your spouse. With this, you may be wondering whether the presence of a New Jersey court is necessary to reach solutions to these dilemmas. Continue reading to learn if your divorce needs to be handled by a court and how one of the experienced New Jersey divorce attorneys of Haber Silver Simpson & Russoniello can be by your side throughout the process.

Does my contested divorce need to occur in the presence of a New Jersey court?

Some of the disputed divorce terms that you and your spouse may have are as follows:

  • Alimony: when you and your spouse cannot agree on whether one is entitled to spousal support payments, whether it be temporary or long-term.
  • Property distribution: when you and your spouse cannot agree on how to divide your marital assets, especially when you have an emotional tie to them.
  • Child custody: when you and your spouse cannot agree on whether one should be granted physical and/or legal custody of your child.
  • Child support: when you and your spouse cannot agree on whether one should be required to financially support your child.

So, when these issues cannot be resolved through alternative dispute resolutions or during one of New Jersey Superior Court’s mandatory settlement conferences, you will need to opt for a contested divorce. Your contested divorce will then proceed to trial in the presence of a New Jersey court. This litigation process will give you and your spouse an equal opportunity to argue your wants and needs. But ultimately, the New Jersey judge will issue their finalized decision regarding all these contested issues, which will be included in the Final Judgement of Divorce.

Does my uncontested divorce need to occur in the presence of a New Jersey court?

On the flip side, if you and your spouse can indeed agree on divorce-related issues, then you may enter an uncontested divorce. Mediation and arbitration are uncontested divorce alternatives to litigation that do not need to be conducted in the presence of a New Jersey court.

For one, mediation will allow you and your spouse to negotiate divorce issues privately with the assistance of a neutral third party. Here, you will be able to reach an agreement on your own terms.

Secondly, arbitration involves a third-party arbitrator who acts as a judge and makes final rulings regarding key divorce issues. However, unlike doing so in the presence of a court, you will be able to resolve your issues in a much more private forum.

It is important to add that an uncontested divorce can turn into a contested divorce quickly if you and your spouse cannot reach agreements on even just one key divorce issue. To prevent this from happening, it is best that you hire a skilled attorney from our Morris County divorce & separation law firm.

Contact our experienced New Jersey firm

If you require strong legal representation for matters related to divorce or family law, contact Haber Silver Simpson & Russoniello today to schedule a consultation.