Divorce Options in New Jersey

Divorce Options in New Jersey

Going through a divorce is a time-consuming process that requires great patience. There are several things for a divorcing couple to consider before they officially go their separate ways. This requires them to make several decisions regarding certain marital issues. There are many different ways a couple can dissolve their marriage in the state of New Jersey. Every marital situation is different, allowing for various types of divorces depending on a couple’s circumstances. If you are going through a divorce, an experienced attorney in Monmouth County can guide you through the proceedings.

Contested Divorce

When a couple cannot come to an agreement on certain marital issues, it is considered a contested divorce. This happens when both spouses fail to sign an agreement on their terms for separation and leaves issues unsolved. When this happens, a judge may take over to make any decisions regarding these issues. These decisions may be about child support, child custody, dividing assets, and alimony.

When a contested divorce happens, a spouse may cite “fault” or “no-fault” grounds. When a spouse cites fault grounds, this refers to the marriage ending for reasons such as adultery, abuse, desertion, habits of intoxication, or a prison sentence of 5+ years. When no-fault grounds is cited, it means neither spouse is holding the other responsible for the end of the marriage and the divorce proceedings may begin.

Uncontested Divorce

When neither spouse is responsible for the end of their marriage, it is called an uncontested divorce. This happens when both spouses agree to the terms of their divorce because they agree their marriage cannot be fixed. This is also referred to as an “Irretrievable Breakdown of Marriage.” There are two types of irretrievable breakdowns:

  • 1A Divorce: When both spouses agree on their marital issues.
  • 1B Divorce: When marital issues are left unresolved.


Often times, couples seek alternatives options to trial when going through a divorce. Mediation is a method that allows couples to negotiate terms of their divorce outside of a courtroom with the help of a third party. This third party is an unbiased individual who hears out both sides of the marriage and assists spouses in coming to an amicable agreement that works best for them. Negotiations in mediation may cover marital issues such as child custody, child support, dividing assets, and alimony. When the spouses come to an agreement, the mediator will present a signed document to the court.


Arbitration is another option to divorce that occurs outside of a courtroom. The method also involves a third party. However, in this process, the third party serves as a judge that makes all final decisions regarding the spouses’ marital issues. This may include decisions on child custody, child support, spousal support, and dividing assets.

Contact our Firm

If you or someone you know is considering a divorce and wish to seek legal counsel to guide them, contact the Law Office of Toby Grabelle, LLC. today.

The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.