Will I Have to Get Divorced in the Presence of a New Jersey Court?

During your divorce proceedings, you may be worried about protecting your emotional and financial well-being, along with your overall best interests. With this, you may not know whether it is best to conduct your proceedings in the presence of a New Jersey court. Read on to learn whether your divorce needs to be done in court and how one of the seasoned family law attorneys in West New York, NJ of Greenberg & Walden, LLC can be of any assistance necessary.

Does my contested divorce need to happen in the presence of a New Jersey court?

Firstly, it is important to understand the divorce issues that may arise during your proceedings. They read as follows:

  • Spousal maintenance: when you and your spouse cannot agree on whether one is entitled to alimony payments, whether it be temporary or long-term.
  • Property division: when you and your spouse cannot agree on how to distribute your marital assets in a fair and just manner, especially when you have an emotional tie to them.
  • Child custody and visitation: when you and your spouse cannot agree on whether one should be granted physical and/or legal custody or visitation rights to your child.
  • Child support: when you and your spouse cannot agree on whether one should be mandated to financially support your child.

That said, if you and your spouse cannot agree on even just one of these divorce issues, you may need to undergo a contested divorce. This divorce option, nevertheless, must proceed to trial in the presence of a New Jersey court. This litigation process will give you and your spouse the chance to argue your wants and needs to a New Jersey judge. But ultimately, the judge will make a decision on your behalf, and issue their finalized decision regarding all these contested issues in the Final Judgement of Divorce.

Does my uncontested divorce need to happen in the presence of a New Jersey court?

In the instance that you and your spouse have remained amicable and thus agree on all the divorce-related issues at hand, then an uncontested divorce is a viable option.

Of note, mediation and arbitration are uncontested divorce alternatives to litigation that do not need to be conducted in the presence of a New Jersey court. Mediation will allow you and your spouse to negotiate divorce issues privately and make final rulings with the assistance of a neutral third party. Secondly, arbitration will allow you and your spouse to negotiate divorce issues privately with the assistance of a third-party arbitrator, who acts as a judge, that will make final rulings.

It is important to add that an uncontested divorce can turn into a contested divorce quickly. To avoid this, you must retain the services of one of the competent attorneys at our boutique New Jersey law firm located in West New York.

Contact our Firm

If you need assistance with any family law issue, contact Greenberg & Walden, LLC today.

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