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What Types of Divorce Are There in the State of New Jersey?

The process of a divorce can be very stressful and overwhelming. Not all circumstances in a divorce are the same, and New Jersey recognizes that. Fortunately, the state of New Jersey has many options for those who are considering a divorce. If you and your partner are contemplating a divorce, it is in your best interest to reach out to our experienced New Jersey divorce attorneys to discuss your case and learn about your options. At Townsend, Tomaio, & Newmark, L.L.C., our firm is committed to ensuring that you and your partner’s divorce goes as smoothly as possible. Read on to learn more about the different types of divorce in New Jersey.

What is a contested divorce in New Jersey?

A contested divorce is when neither spouse can agree on marital issues, resulting in the need for a divorce through litigation to determine unresolved matters. This type of divorce will place the judge in charge of making decisions on a variety of important contested issues. Some examples of these issues include child support, child custody, the divisions of assets, and alimony. Typically, contested divorces occur in situations where couples cite either “fault” grounds, which means that one spouse wants the other to be responsible for the end of their marriage. For example, adultery, habits of intoxication, abuse, desertion, or prison sentences can be a reason a spouse may cite fault grounds.

What is an uncontested divorce?

In this case, both spouses will cite “no-fault” grounds, meaning that neither spouse wants to hold the other accountable for the end of their marriage. When this happens, spouses may have to manage an agreement regarding the terms of their divorce. This is also known as an irretrievable breakdown of a marriage.

What is a mediated divorce?

There are many types of alternative dispute resolution methods in a divorce. One of the most common is known as mediation. This occurs when spouses negotiate marital issues with a neutral third party in order to reach an agreement. The third-party does not make the decisions for the couple, however, they can present the signed document to the court after a couple has reached an agreement.

What is an arbitrated divorce?

This is another alternative to dispute resolution for couples entering a divorce. Like mediation, arbitration involves a third party. With arbitration, however, the third party may act as a judge and make decisions regarding the couple’s marital issues for them.


If you have any questions regarding your family law matter, you can depend on our legal team to fight for your best interests, every step of the way. Contact Townsend, Tomaio & Newmark L.L.C. today to learn more about how our legal team can assist you.