In New Jersey, family courts categorize divorce cases based on their complexity, which helps streamline case management and ensure efficient allocation of resources. Divorces are classified as either "contested" or "uncontested," each with its own procedures and timelines.

An uncontested divorce is one in which both spouses agree on all major issues, including division of assets, alimony, child custody, and support arrangements. In these cases, there is no dispute, so the process tends to be quicker and less costly, as both parties work collaboratively to draft a mutually agreeable settlement. This type of divorce typically requires no court intervention aside from the judge’s approval of settlement and issuance of a final judgment.

A contested divorce arises when spouses disagree on one or more significant issues. These cases are inherently more complex, as the court must address areas of dispute, which can involve hearings, discovery (the exchange of information), and potentially a trial if settlements are not reached. Contested cases are generally tracked more rigorously to ensure that procedural steps are followed and that issues like child custody or asset division are resolved fairly and in compliance with New Jersey’s legal standards. Family courts actively monitor these cases to manage the additional complexity, assigning case managers and tracking case milestones to keep cases moving forward.

In New Jersey, mediation is generally mandatory in contested divorces. This is a less adversarial setting where both parties, with the guidance of a neutral mediator, attempt to reach agreements on unresolved issues. Mediation reduces the burden on the court system by facilitating resolutions without a trial, which can be time-consuming and emotionally taxing.

New Jersey family courts offer two primary mediation options. One is the Custody and Parenting Time Mediation Program, which is a free service provided by the court to help parents resolve child custody and visitation disputes. This forum can be an effective way to reach agreement in a structured, supportive environment. The second type is the Economic Mediation Program, which allows couples to resolve issues related to alimony, division of property and other financial concerns. This forum often involves a trained mediator with expertise in financial matters, as economic issues can be particularly complex. Parties select a mediator from a court-approved list. An initial two-hour session must be offered free of charge.

Even in a mediation setting, an experienced New Jersey divorce lawyer plays a vital role in protecting a spouse’s financial and parental interests. Although avoiding trial is a worthy goal, an attorney can guard against their clients making inappropriate concessions. 

The Law Offices of Kelli M. Martone in Haddon Heights, New Jersey provides effective, compassionate representation for people going through divorce in Camden and Burlington counties. Please call 856-432-4587 or contact me online to schedule a consultation about your case.