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Divorce Arbitration In New Jersey

A divorcing couple in New Jersey has several options when trying to come to an agreement on how to separate their assets, debts, property and custody issues. There is mediation in which the couple will voluntarily go to a neutral third party to try and come to a reasonable agreement on how to end the marriage without having to endure a sometimes contentious divorce proceeding. They can go through with a divorce and bring the matter to court for a judge to decide on how the marital assets with be divided, how custody and visitation will be determined and how much—if any—alimony will be paid. Or the couple can choose arbitration to try and come to an agreement without going to court.

Types Of Divorce Arbitration In Ocean County

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Whereas divorce litigation is for the most part final and a mediation is simply an attempt on the part of both parties to avoid having to go to court amid the possibility of a rancorous and expensive legal process, arbitration is neither advisory nor is it litigation. Arbitration is a process that provides flexibility with a structure that will benefit a couple seeking resolution.

There are two types of arbitration: binding and non-binding. If a couple opts for binding arbitration, unless there is some form of demonstrable bias on the part of the arbitrator favoring one side or the other, the decisions made during binding arbitration are final. If the arbitration process is non-binding, the rulings in the process can be appealed to higher courts if one or both sides are unhappy with certain parts of the decision. With an appeal, it is possible that a rejection of the appeal will result in the appealing party paying for the opposing spouse's legal fees.

Benefits Of Arbitration In New Jersey

Divorce litigation can be expensive with the entire process taking a significant amount of time and neither side might be happy with the results. Attorneys' time costs money and the more time an attorney spends on a divorce litigation, the more it is going to cost for both spouses. When there are children involved in a divorce, it makes the litigation process all the more difficult given the possibility that the parents will fight over every last issue and put the other parent in an adversarial position when it will be required for them to maintain a relationship at the conclusion of the divorce.

Mediation is an alternative, but the nature of mediation is that it is not legally binding and one side or the other might not take the recommendations seriously because there is no penalty for ignoring the recommendations. Arbitration will ensure that the couple is serious about the process and will have a more formulated procedure. Arbitration will examine potential solutions to avoid the need to go to court.

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Another positive for people who select arbitration is that the process is confidential and issues that might potentially be embarrassing or damage one or the other's standing in the community will not be out in the public as part of the divorce record.

Arbitration is conducted on a set schedule in which both parties will meet with the arbitrator and a certain amount of time will be laid out to deal with the issues. For a trial, the participants are subject to the availability of the other attorneys and the judge as to when the case will be litigated. It will take far longer for a divorce litigation than an arbitration hearing would and will, therefore be more expensive.

Speak To A Qualified New Jersey Divorce Attorney

Arbitration is a viable choice for people who do not want the full blown litigation process and the costs connected to it and would prefer to have a more structured negotiation than a simple mediation. With arbitration, the couple can choose that it either be binding or non-binding leaving the possibility of appeal and the end result might be more satisfactory than going to court or trying to hash out the differences with a mediator. If you or a loved one are considering a divorce in Wall Township, Manasquan or any other town in New Jersey, an option to consider is arbitration and the attorneys at the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey can explain your alternatives. Partner Vincent C. DeLuca, Esq. often serves as an arbitrator in divorce cases.

Other Resources For New Jersey Arbitration 

New Jersey Mediation Lawyers

Starting The Divorce Process In New Jersey

New Jersey Divorce Process

Financial Support During Your Divorce


Whether you are from Ocean County, Monmouth County or anywhere else in New Jersey, Villani & DeLuca, P.C. can help you to understand how arbitration works, explain the differences between binding and non-binding arbitration and if it is worthwhile to consider instead of litigation or mediation. Contact the experienced attorneys at Villani & DeLuca, P.C. at 732-965-3404 to discuss your case.

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 965-3404 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.

Office Location

703 Richmond Avenue
Rt. 35 South
Point Pleasant Beach, NJ 08742
(732) 965-3404
(732) 892-9053 (fax)

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