Divorce Arbitration: An Alternative to Traditional Fault Divorce

Posted April 20th, 2018 by .

Categories: Family Law.

divorce arbitrationTraditional divorce, which in most cases is fault divorce, is viewed as a time-consuming and an expensive way to end a marriage. Couples who once shared everything together suddenly find themselves as mortal enemies, fighting to divide the life they built for themselves. To avoid this life-shattering process, divorce arbitration has become a common tool to resolve the many legal issues that typically arise in the separation process.

Divorce attorneys, like Anthony Carbone, are increasingly viewing divorce arbitration as an alternative to a court divorce trial which can become ugly at times. This increasingly used way of taking on divorce can help couples avoid a time-consuming and expensive trial. In many cases, these trials can drag one of the parties involved through the proverbial mud in a very public matter. Divorce arbitration is a more efficient, private, and cost-effective way to settle a divorce.

This process helps once-in-love couples retain control over life decisions that involve family and finance, especially when children are involved. Children are one of the factors that make divorce such a messy process in the first place. And, that can involve visitation and custody rights if the relationship is bad enough between the divorcing parents.

So far, we have stressed what makes divorce arbitration different than a fault divorce that goes to trial, but there is one major similarity between the two. They are both a structured process. Divorce arbitration isn’t a free-for-all. Both parties can’t necessarily do whatever they want and say whatever they want. Divorce arbitration, however, does allow for a more relaxed setting.
Couples involved in arbitration can choose the arbitrator they want to oversee their divorce, along with having the ability to set up when and where the meetings will take place. When divorce goes to trial, you don’t have the options to pick when and where.

Aside from the arbitration process clearly involving the divorcing couple, it involves the testimony of witnesses and submission of evidence by the divorcing couples and witnesses. When all is said and done, which is dependent upon the divorcing couple, the arbitrator will make his decision known within a month after the proceedings. A courtroom divorce can go on for months, not including the judge’s final decision.

The New Jersey Supreme Court views divorce arbitration as an effective method of divorce litigation. Unlike having your day in court, the arbitration process makes it easier for divorcing couples to settle things behind the curtain. The hope is this all ends in a speedier resolution and both parties can begin to move on with their lives.

Carbone Can Resolve Your Matter

To find out how our dedicated New Jersey divorce attorney can protect your rights in anticipation of the end of your marriage, contact the Law Offices of Anthony Carbone, we look forward to helping you seek the resolution you desire.


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