East Brunswick No-Fault Divorce Lawyer

The state of New Jersey has irreconcilable differences under which 98 percent of divorces are filed. In other words, the grounds for divorce are irreconcilable differences. Before irreconcilable differences were available in East Brunswick most folks were required to file under extreme mental cruelty.

It was a constant problem because in cases where the parties got along well and wanted to have a settlement, they became upset when a complaint stated extreme mental cruelty. New Jersey divorce attorneys were pleased when legislation was introduced allowing irreconcilable differences at a no fault divorce hearing.

f you are considering getting a divorce, get in touch with an East Brunswick no-fault divorce lawyer. A reliable divorce attorney can build your case.

Intent of a No-Fault Divorce

The legislative intent of a no-fault divorce is to de-escalate the emotions that often thwart settlement negotiations. A no-fault divorce is not the only divorce option. Divorce can be obtained when a spouse has substance abuse problems or commits adultery.

Two percent of cases that are not irreconcilable differences are when one spouse cheats on the other and the spouse who was betrayed insists on proceeding with an adultery count along with irreconcilable differences over the obvious principle of the matter.

Arguments Against No-Fault Divorce

There are not necessarily any arguments against a no fault divorce. There is this idea of collaborative law. Collaborative law works in cases when the parties are peaceful. However, as an example, a case of adultery and the betrayal aspect is not a case for collaborative law or for an easy settlement because the emotions are so high. 

Betrayal is a difficult thing for most people to handle and it takes time for the emotions to calm down to a point where an individual’s  East Brunswick no-fault divorce lawyer can work on the details of the case.

Benefits of  a No-Fault Divorce Option

The benefit of a no-fault divorce is that the negative things about the spouse such as high conflict or tenacity are not included in a divorce complaint. Nothing against the person is said,  the divorce complaint only states irreconcilable differences as the cause for the divorce. The complaint to divorce in New Jersey is a two to three page document that a  East Brunswick no-fault divorce lawyer can help an individual complete.

Impact of No-Fault Divorce on Divorce Landscape

No-fault affects the tone of the divorce but does not affect the resolution of child custody, time issues, and other child-related matters. No fault has no effect on equitable distributions. There are limited exceptions to that rule.

A situation where one spouse purchases real estate for a girlfriend can affect the division of assets and equitable distribution. But otherwise, it is similar to an uncontested divorce. An uncontested divorce is a misnomer. Both parties can agree that they want a divorce; but the details of the divorce are about the children and the assets.

Role of Mediation, Arbitration and Litigation

With respect to civil procedure and the family aspect of the Superior Court of New Jersey in Middlesex County, New Jersey, the purpose of the system is to promote settlement. There is an early settlement panel (ESP) that is non-binding arbitration.

Lawyers who are experts in the field of divorce law volunteer at the Superior Court of New Jersey to help settle cases. They play an important role during the course of divorce action in New Jersey. Two experts give the litigants their nonbinding recommendation of what they feel is a fair settlement of the outstanding issues in their divorce action.

The panel does not have a vested interest in the case and is not paid. They volunteer to help with the bar, the bench, and the judges in the Superior Court of New Jersey. Another service for most settlements in divorce cases in New Jersey is economic mediation. In the old days, an individual went straight from an early settlement panel to trial and it was very difficult to settle divorce cases.

Economic Mediation

The idea of economic mediation is where a private attorney who is well known in the community and an expert in divorce law in New Jersey donates their first two hours of consultation. Then both parties typically pay equally for that lawyer's time.

In economic mediation, they are able to spend much more time with the litigants especially in Middlesex County than they do during an ESP. Attorneys spend just 20 minutes to a half hour with litigants before moving to the next phase. Economic mediation can take all day and into the night if it is looking fruitful.

An individual might have conferences with a judge, but divorce is geared to get two people who are having trouble getting along through some sort of meeting of the mind. There is a fair deal when both parties walk away equally unhappy. A non-conflict case proceeds peacefully. However, a high conflict case requires the attorneys to roll up their sleeves and get to work.

Legal Definition of Non-Binding

In a personal injury case where a person goes to arbitration, the arbitrator determines how much compensation the injured party receives. If neither East Brunswick no-fault divorce lawyer objects within 30 days of that recommendation, it becomes binding.  

Family court in New Jersey does not work that way in an early settlement panel. They give the person a recommendation; but at no point is the person required to accept the recommendation. There is no 30 day time limit.

The members of the ESP give the person the recommendation and leave the room. The lawyers speak to their respective clients about what they heard and try to settle the case that same day. If nobody agrees to anything, the attorneys report to the judge and take an economic mediator. It is transported into a court order and that is the end.

Speaking With an Attorney A divorce can be a difficult and emotional experience to go through, however, that does not mean it cannot be amicable. The aim of a no-fault divorce is to de-escalate an emotional situation in order to ensure that you and your former spouse, can come to an amicable and fair resolution. If you are considering getting a divorce, contact an East Brunswick no-fault divorce lawyer who can try to achieve a positive outcome for you.