By: Carl A. Taylor III, Esq.

I recently discussed uncontested divorces in New Jersey.  This post will discuss New Jersey divorce litigation.

Litigation

New Jersey divorce litigation begins with one of the parties filing a Complaint for divorce.  The litigation process means utilizing the Court system to a much greater extent than one would if they attempted to mediate their divorce.

Although negotiations will be ongoing, the New Jersey divorce litigation process is in opposite to the uncontested divorce process, which continues to grow in popularity.  Once one of the parties files a Complaint for divorce, there are certain steps that must be followed.  If the parties cannot resolve their matter, eventually a trial will be scheduled.  Although the vast majority of New Jersey divorce cases are resolved prior to trial, the trial is the ultimate destination of a litigation track divorce.

The New Jersey litigation track often provides far less freedom than if the parties attempted to mediate their divorce dispute.  The parties are now part of a formal process–one that can at times seem institutional and unmoving.  There are various steps in a divorce litigation, and a qualified New Jersey divorce attorney can assist you in this process.  Some of the major steps include:

  • Pleadings
  • Discovery
  • Negotiation Attempts
  • Trial
Although the above greatly simplifies the process of New Jersey Divorce litigation, it does provide the basic framework of a New Jersey divorce.
As indicated in prior blog posts, divorce litigation in New Jersey can often times be more expensive than uncontested or mediated attempts at settlement.  Once a party officially files for divorce, the other party may take it as a “declaration of war.”  Aside from the emotional elements involved in just about every divorce, there is also the fact that, to some extent, New Jersey divorce litigation takes the process out of the hands of the parties and their attorneys, and binds them instead to the process implemented and demanded by Court.
Some cases (and litigants) are better suited for mediation, and others are better suited to divorce litigation.
Where there are domestic violence issues or restraining orders in place, mediation may not even be allowed by the relevant New Jersey rules and laws.
Again, a qualified New Jersey divorce attorney can assist you in choosing mediation or litigation.  Numerous elements will be factored into your attorney’s advice.

Your New Jersey Divorce Lawyer:

If you’re considering a New Jersey divorce or Family Law action contact me to discuss your options.  You can schedule an initial consultation by calling my office at 908-237-3096 or by scheduling your own divorce consultation online by clicking here.