Townsend, Tomaio & Newmark is open for business and courts are open. Learn more by clicking here.

NEW: DIVORCE GUIDE
100 South Jefferson Road, Suite 200 Whippany | 
973-840-8970

What are Different Types of Divorce in New Jersey?

There are many different ways a divorce can take place in the state of New Jersey. Sometimes, spouses are able to work out their marital issues without the assistance of a judge. However, there are others who may need the assistance. Continue reading below to learn about the different types of divorce in New Jersey and contact an experienced divorce attorney for help with your case.

Contested Divorce

Couples who cannot agree to the terms of their divorce may need to divorce through litigation. This may happen if neither spouse can agree to their marital issues and leaves them unresolved. This is known as a contested divorce. In these situations, a judge can make these decisions for them regarding child support, child custody, the division of assets, and alimony. This generally occurs in cases where couples cite either “fault” grounds, meaning one spouse wants to hold the other responsible for the end of their marriage. This can be cited in situations of adultery, habits of intoxication, abuse, desertion, or prison sentences of 5+ years.

Uncontested Divorce

There are other divorces where spouses cite “no-fault” grounds. This is when neither spouse wants to hold the other responsible for the end of their marriage. When this happens, spouses may be able to work out an agreement regarding the terms of their divorce. This is known as an uncontested divorce, when both parties believe their marriage cannot be fixed and agree to their separation terms. It is also known as an irretrievable breakdown of marriage.

Mediated Divorce

There are a variety of alternative divorce methods that allow spouses to divorce outside of the courtroom. One common alternative is mediation. This is when spouses negotiate their marital issues to reach an agreement with the help of an unbiased third party who mediates any disagreements. It is important to note the mediator does not make decisions for the spouses. Once spouses make their decisions, the mediator can present a signed document to the court.

Arbitrated Divorce

Another alternative method for divorce is arbitration. Similar to mediation, this also involves a third party. However, the processes differ in the sense that the third party in arbitrated divorces acts as a judge instead of a mediator. They can make all decisions regarding the couple’s marital issues for them.

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.