Black and white image of a divorce mediation meeting with three people discussing documents, one person taking notes, and another pointing at a paper.

Divorce Options in New Jersey

Divorce is a complex process that requires a lot of time and patience. When a couple divorces, there are many things to consider before they go their separate ways. In order to dissolve a marriage, both spouses need to make several decisions regarding certain marital issues. In the state of New Jersey, there are several ways that a couple may dissolve their marriage. Different types of divorces may suit some couples better than others depending on their personal situation. If you are going through a divorce, a skilled attorney from Morris Country can guide you through the process.

Contested Divorce

If a couple cannot agree to a set of terms for separation, it is considered to be a contested divorce. This happens when neither spouse signs an agreement, leaving marital issues unsolved. When this occurs, a judge may be left to make a decision regarding the issues on their own terms. Marital issues can include child support, child custody, the division of assets, and alimony.

In a contested divorce, a spouse may cite “fault” or “no-fault” grounds. “Fault” grounds regard situations such as adultery, habits of intoxication, abuse, desertion, or prison sentences of 5+ years. No-fault grounds holds neither party responsible for the end of the marriage and divorce process can begin.

Uncontested Divorce

With an uncontested divorce, neither spouse is holding the other responsible for the dissolution of their marriage. During this process, both spouses believe that their marriage cannot be fixed and agree to the terms of their divorce. This is called an “Irretrievable Breakdown of Marriage.” There are two types: A “1A” divorce is when the couple agrees to marital issues. A “1B” divorce is when those issues are left unresolved.


Many couples often seek alternatives that allow for divorce outside of a courtroom. Mediation allows couples to negotiate any marital issues with the help of an unbiased third party. The third party individual listens to both sides of the marriage and helps the spouses come to an agreement on their own terms. Conversations in mediation may cover assets, child support, child custody, and alimony. After the spouses reach an agreement, the mediator presents a signed document of proof to the court.


Another option for divorce outside of court is arbitration. This process also involves a third party, but unlike mediation, they act as a judge. The third party makes all final decisions about the marital issues at hand. This may include child custody/support, spousal support, and distribution of 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 Offices of Haber Silver Russoniello & Dunn today.

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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