Divorce Options in New Jersey

Divorce is a very complex and time-consuming process. It requires a great deal of patience to make the many decisions that are required of a couple before they can officially dissolve their marriage. How spouses can come to an agreement may affect the process of their divorce. There are many different ways a couple can get a divorce in the state of New Jersey. These several types of divorces allow couples in different situations to go through with their divorce. If you are going through a divorce, an experienced attorney in Union County can guide you through the proceedings.

Contested Divorce

A contested divorce is when the couple cannot come to an agreement on their marital issues. This happens when neither spouse signs an agreement on their separation terms and leaves their issues unsolved. In this case, a judge will take over the decision-making process and decide how to resolve the dispute. This allows a judge to make decisions on things such as child support, custody, the division of assets, and alimony.

A spouse is able to cite “fault” or “no-fault” grounds in a contested divorce. When fault grounds are cited, this is when a marriage ends due to adultery, abuse, desertion, habits of intoxication, or a prison sentence of 5+ years. When no-fault grounds is cited, neither spouse is holding the other accountable for the end of their marriage and they may begin the divorce proceedings.

Uncontested Divorce

An uncontested divorce is when neither spouse holds the other responsible for their divorce. This situation occurs when both spouses believe their marriage cannot be fixed and agree to certain terms of the divorce. This is also known 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.


Separating couples often seek options outside of trial when going through a divorce. Mediation allows a couple to negotiate the terms of their divorce without the assistance of a judge, but with a third party. This third party is an unbiased person who will listen to both spouses’ opinions and help them come to an agreement on a situation the works best for them. Conversations in mediation may cover any marital issues such as child custody, child support, dividing assets, and alimony. When the spouses settle their issues and come to an agreement, the mediator presents a signed document to the court.


Arbitration is another option available to couples outside of a courtroom that also involves a third party. However, this third party acts as a judge who makes the final decisions about 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 Ross & Calandrillo, LLC. today.

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.