Types of Divorce in New Jersey

What if I Need to Set Aside a Judgment of Divorce?

There are many things for a couple to consider and settle before a divorce can be official. This requires spouses to come together and make several decisions regarding their marital issues. Sometimes, spouses are able to do this alone without the intervention of the court. However, this is not always possible and couples sometimes need the assistance of a judge. It is because of this that there are several types of divorce in the state of New Jersey. This allows couples to divorce in a way that best suits their personal situation. If you are going through a divorce, a skilled attorney in Bergen Country can guide you through the process.

Contested Divorce

There are some divorce cases in which a couple cannot agree to the terms of their divorce. When this happens, it is considered a contested divorce. This occurs when neither spouse signs an agreement regarding their marital issues, leaving them unresolved. If a couple cannot find common ground, a judge can make these decisions for them. Marital issues that can be discussed during a divorce can include child support, child custody, the division of assets, and alimony.

When a couple goes through a divorce, they can cite either “fault” or “no-fault” grounds. “Fault” grounds can be cited in situations such as adultery, habits of intoxication, abuse, desertion, or prison sentences of 5+ years. No-fault grounds is cited when neither party holds the other responsible for the end of the marriage.

Uncontested Divorce

When spouses cite no-fault grounds, it is considered an uncontested divorce. This means neither spouse wishes to hold the other spouse responsible for the end of their marriage. Both parties believe their marriage cannot be fixed and agree to the terms of their separation. This is also known as an “Irretrievable Breakdown of Marriage.”


Often times, couples do not wish to divorce through litigation. When this happens, they may seek alternative methods of divorce that exist outside of a courtroom. One alternative method that is commonly used is mediation. Mediation brings spouses together with the help of an unbiased third party to negotiate the issues of their divorce. The third party exists to listen to both spouses and helps the spouses come to an agreement on their own terms. Conversations in mediation may cover discussions of assets, child support, child custody, and alimony. After the spouses reach common ground, the mediator presents a signed document outlining these agreements to the court.


Another option for divorce outside of court is arbitration. While this process also involves a third party, it is different than mediation. During arbitration, the third party acts as a judge instead of a mediator. This person can make all final decisions regarding the marital issues at hand. This may include child custody/support, spousal support, and distribution of assets.

Contact our Firm

If you are going through a divorce and wish to speak with an experienced attorney, contact Townsend, Tomaio & Newmark LLC., today.

Read Our Latest Blog Posts

  •  How Does Child Support Work For Children With Special Needs?
  •  Where Do I Get Divorce Papers?
  •  Does It Matter Who Files For Divorce First in New Jersey?