Must I Litigate My New Jersey Divorce?

One of the many misconceptions surrounding the process of divorce is the belief that a Court must decide all issues arising in your case. In essence, clients believe that they are not at liberty to make important decisions regarding child custody, parenting time, child support, and equitable distribution, because that is the role of the Court. This is simply not true.

In fact, New Jersey Family Courts are designed to allow the parties the opportunity to resolve their divorce by discussion and settlement. For example, the Parent Mediation Program, Matrimonial Early Settlement Panel Program, as well as mandatory Economic Mediation are programs designed to allow the parties to negotiate their divorce without resorting to the traditional litigation process. These programs also involve the assistance of trained mediators, volunteer attorneys and other professionals whose goal is to assist the resolution of divorce issues with minimal conflict.

Many clients also choose to participate in methods of alternate dispute resolution, such as mediation, arbitration, or collaborative divorce prior to filing a Complaint for Divorce. Although all three processes are inherently different, the commonality is the resolution of the divorce without the involvement of the courts. These approaches allow the parties to maintain control of their cases, while also keeping costs contained. Clearly, parties to a divorce have much at stake. An experience family law attorney can represent your interests and guide you through the process.