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What Type of Divorce Should I Get in New Jersey?

After making the decision to get divorced, you will also have to determine what type of divorce process will be best for your situation. Many people do not realize that there are a number of different ways to resolve issues of child support, child custody, alimony, and the division of assets. Your relationship with your spouse and the circumstances of your divorce will help determine which type of divorce meets your needs. Read on to learn more about the different divorce options in New Jersey.

Contested Divorce

Couples who cannot agree to the terms of their divorce may need to divorce through litigation. In these situations, a judge can make decisions for them regarding child support, child custody, the division of assets, and alimony. This type of divorce usually occurs when a couple chooses to cite “fault” grounds. 

Uncontested Divorce

There are divorces where spouses cite “no-fault” grounds. This is when neither spouse wants to hold the other responsible for the end of their marriage, but they may still be unable to see eye-to-eye on certain issues. An uncontested divorce occurs when both parties believe their marriage cannot be fixed and agree to their separation terms. This is also known as an irretrievable breakdown of marriage.

Mediated Divorce

There are alternative divorce methods that allow spouses to divorce outside of the courtroom. One common alternative is mediation. Mediation involves a neutral third party helping the couple work through the matters of their divorce to find unique solutions. 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.

Collaborative Divorce

Couples who go through a collaborative divorce each have their own attorney there to represent them, and all parties must work together to find an arrangement that works best for the couple. 

The truth is, every couple is different. There is no universal divorce process that works for everyone. For this reason, it is important to speak with an experienced attorney who can help steer you down the right path. Contact our firm today to learn more about the divorce process in New Jersey and the various options you have.


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