Role of a New Jersey Divorce Attorney
Having a divorce attorney could be crucial for individuals seeking separation. Those who wish to learn more about the role of a New Jersey divorce attorney should speak with a knowledgeable attorney. A divorce lawyer could explain your rights and provide you the support and legal guidance necessary to manage this stressful ordeal.
Stages of Divorce in New Jersey
The stages that may be involved in a divorce include mediation, arbitration, and litigation. Individuals seeking a divorce should speak with a NJ attorney to learn what role legal counsel could play in each of these steps of the process.
While the court will order the parties to go to mediation during the divorce process, they could go to mediation at any time during the process before it is ordered by the court. A mediator is someone whose objective is to get the parties to come to an agreement. The mediator is neutral and does not favor one party over the other. It is advisable for individuals to have a lawyer with them during mediation so that they know what their rights are. An attorney could also ensure that all the relevant information is available during mediation such as documents, financial information, and tax returns.
Since arbitration is in place of a judge, it is usually binding arbitration. The difference between arbitration and a court trial is that most of the time, the arbitrator is a retired judge or an experienced attorney. Individuals must pay for the arbitrator, which could get very costly. In court, the parties do not pay for the judge. People will often go to arbitration if there are tax issues in their case. If they have underreported on taxes, the arbitrator does not necessarily have the obligation to report to the IRS, whereas the judge would be required under certain case law to report these issues to the IRS. This is a reason why people may choose to arbitrate.
Litigation is when there is motion practice during the divorce proceedings. As an example, a party could file a motion with the court requesting that the judge enter a decision if a party needs immediate relief through spousal or child support and they cannot achieve that by agreement. This is called a pendente lite. It must be noted that trial also constitutes litigation. and is not always black or white. While the couple could go through a divorce and have it be very amicable, it is still in the court system by virtue of the fact that a complaint for a divorce was filed. Alternatively, they could try and resolve everything as uncontested. Once the documents are all signed, they simply file the complaint and go to court one time. Litigation does not have to be an extensive involvement with the court system.
How New Jersey Lawyers Could Help People With a Divorce
The role of a New Jersey divorce lawyer is to help people navigate through the divorce process. Attorneys may also be able to help individuals understand their options and be realistic with them as to what is attainable in the context of the law. It is important to have a strategy when going through a divorce.
The individual is the one who needs to provide the facts of the case and the attorney must come to the table with their knowledge of the system and familiarity with the court. It is a team effort because while the person knows the facts of the marriage and the issues, they may not know how to properly present it to the court or the laws that apply. That is where the attorney comes in to represent them to ensure they get the best deal possible given the circumstances.
Learn More About the Role of a New Jersey Divorce Attorney
For people looking to divorce, New Jersey lawyers use a team approach. There is always an associate or partner involved in the case to get a response for the individual quickly. It ensures that someone is available for them and could respond promptly. That means that if one attorney is in court, there is a team behind them to help them get through this. Let a team of diligent attorneys guide you through the divorce process. Call to learn more about the role of a New Jersey divorce attorney today.