There is no clear-cut way for how the divorce process goes, even within the same state’s Surrogate’s Court. This is because one couple may have multiple shared children and prioritize their child custody and support arrangements. This may be while another couple does not have any children but rather high-value assets they wish to protect during the property distribution phase. Lastly, some couples simply do not see eye-to-eye on anything, which was likely the demise of their marriage in the first place. However, the main reason why the divorce process varies so much is because of the different options available to couples. With that being said, please follow along to find out the different divorce options you can pursue in New Jersey and how one of the proficient Somerset divorce lawyers at the Law Offices of Kisha M. Hebbon, LLC can serve as your support system during these difficult proceedings.
Essentially, divorce in the state of New Jersey is broken down into two categories: contested and uncontested divorce. On the one hand, a contested divorce is when a couple disagrees on one or more divorce-related issues and needs a family judge to intervene and make a final order. Then, on the other hand, an uncontested divorce is when a couple has no disagreements about the terms of their separation and they can negotiate everything fairly and justly on their own.
Therefore, the only option for a contested divorce is litigation. Evidently, this entails lengthy court proceedings. But before you enter the discovery phase of your case, the judge may order you and your spouse to attend an early settlement panel. Here, a panel of attorneys may hopefully guide you and your spouse toward a resolution in which the rest of your litigated proceedings are no longer necessary.
Then, the alternative dispute resolutions that come with an uncontested divorce are mediation, collaboration, and arbitration. If you and your spouse have no conflict with your divorce-related terms, pursuing mediation may be in your best interest. But if there is one outlying issue, arbitration may be better, so that a panel of attorneys may resolve it on your behalf while still outside of a court setting.
If there is one piece of advice we can give you as you go through your divorce proceedings, it would be not to let your emotions get in the way. This is because, if you are too prideful or spiteful, you may make your divorce contested when it could have easily remained uncontested. With this, you may drag out this already emotionally draining process, all while making it more costly for yourself.
Ultimately, your emotions may cause you to lose control of deciding on your divorce-related terms on your own. Now, there is the factor of unpredictability in leaving it up to the judge’s discretion.
If you think now is the time to get started on your divorce, then please reach out to one of the talented Somerset County family lawyers. Our team at the Law Offices of Kisha M. Hebbon, LLC is well-equipped to take on your case.