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Do I Have to Go to Court for a Divorce in New Jersey

Posted by Vincent C. DeLuca | Feb 04, 2025 | 0 Comments

Going through a divorce can be a stressful and emotional experience, and many people wonder if they have to face the added stress of going to court. In New Jersey, the answer is not always straightforward, and legal guidance can help you understand the divorce process and your individual options.

Mediation and Collaborative Divorce 

In New Jersey, you can avoid going to court by opting for mediation or collaborative divorce. These alternatives allow couples to resolve their differences amicably with the help of a neutral third party (mediator) or through a series of negotiations with their attorneys in a collaborative setting. 

  • Mediation: This process involves a neutral mediator who helps both parties reach a mutually acceptable agreement. It's less adversarial and can be faster, less daunting, and less expensive than going to court.
  • Collaborative Divorce: In this approach, both parties and their attorneys work together to resolve all issues without going to court. This method focuses on cooperation and problem-solving rather than litigation. 

Click here for FAQ about collaborative divorces in New Jersey

Uncontested Divorce 

If you and your spouse agree on all major issues, such as property division, child custody, and child support, you can file for an uncontested divorce. This type of divorce typically does not require a court appearance. Instead, you can submit your agreement to the court, and a judge will approve it without needing a formal hearing. 

Contested Divorce

If you and your spouse cannot agree on key issues, a contested divorce may be necessary. In this case, you will likely need to go to court, where a judge will hear from each party and make decisions on your behalf. Contested divorces can be more time-consuming, stressful, and expensive due to the need for court hearings and potentially a trial. 

About Villani & DeLuca, P.C.

Villani & DeLuca P.C. is a highly experienced family law firm based in New Jersey, offering a range of services to help clients navigate the complexities of divorce. 

Key Services Offered by Villani & DeLuca, P.C.:

  • Mediation Services: Their skilled attorneys can assist with mediation, helping couples reach amicable agreements without going to court.
  • Collaborative Divorce: They are experienced in collaborative divorce processes, focusing on resolving disputes through cooperation and negotiation.
  • Uncontested Divorce: They can guide you through the process of filing for an uncontested divorce, ensuring that all agreements are properly documented and submitted.
  • Contested Divorce: If court proceedings are necessary, their experienced team provides strong representation to protect your rights and interests.
  • Personalized Support: They offer personalized attention to each case, ensuring that all clients receive the guidance and support they need during this challenging time. 

Contact Villani & DeLuca, P.C.

If you are considering any type of divorce in New Jersey and want to explore your options, or if you need experienced legal representation, Villani & DeLuca P.C. is here to help. Contact our office at (732) 709-7757 to schedule a free consultation.  

About the Author

Vincent C. DeLuca
Vincent C. DeLuca

Vincent C. DeLuca, a partner of the firm, devotes the entirety of his practice to family law. Vince is a trained divorce mediator and collaborative divorce attorney. Vince is certified by the Supreme Court of New Jersey as a matrimonial law attorney. Less than .002% of all practicing attorneys in...

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Villani & DeLuca, P.C. is committed to answering your questions about Divorce & Family Law, Criminal Defense, Personal Injury, and DWI & Traffic Law issues in Ocean County and Monmouth County, New Jersey. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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