Divorce Arbitration Attorney in New Jersey

Divorce Arbitration is an alternate dispute resolution process where an arbitrator is selected to decide the case.  The case is heard in a private setting before the arbitrator.  This setting is called an arbitration hearing and is scheduled at a time and place convenient to all parties.  Arbitration is one of the many processes our lawyers guide our clients through to settle disputes between divorcing parties when couples have reached an impasse or stalemate in their divorce negotiations, or wish to resolve the issues without going to court.  It is often a viable path for high-net worth cases, high-profile individuals, or cases that involve complex financial scenarios.

Frequently Asked New Jersey Divorce Arbitration Questions

What is divorce arbitration?

Divorce arbitration is the trial of a divorce action, but it is heard and decided by an Arbitrator, rather than a Judge in a Courtroom. Essentially, the Arbitrator is a retired Judge.

What are benefits of divorce arbitration?

The benefits of divorce arbitration include a shorter time frame than traditional trials conducted in court and a more cost-effective expenditure of fees. The parties can schedule when and where the arbitration will take place, rather than when the trial Judge has availability to hear the matter. Arbitration is also a more continuous process, rather than a trial, which may take place one or two days per month, over several months. While arbitration can be full days and consecutive days.

What is the difference between divorce arbitration and divorce mediation?

In arbitration, the arbitrator makes a final decision. In mediation, the parties are assisted by the mediator in facilitating discussions and in reaching a resolution.

What is the difference between divorce arbitration and divorce litigation?

The divorce arbitration process is private and the time table is set by the parties. In a divorce litigation, the Court sets down scheduling Orders with deadlines for the parties to follow.

What is the divorce arbitration process?

The parties will choose an Arbitrator, who is paid by one or both of the parties. Each party presents their case, and after completion, the arbitrator renders a decision. This decision is called an Arbitration Award.

How is a divorce arbitrator selected?

The parties and their attorneys will cooperate to choose and agree upon an arbitrator.

Where are divorce arbitrations held?

A divorce arbitration is usually held at the office of the Arbitrator. It can alternatively be held at the office of one of the attorneys.

Is an arbitrator’s decision legally binding?

Yes, an Arbitration Award is binding.

Can an arbitration decision be appealed?

Yes, but only if the parties decide that an Arbitration Award may be appealed, then the decision may be appealed. The parties will also decide on the appeal process in their agreement.

How long does a divorce arbitration take?

The process of divorce arbitration is speedier than a traditional divorce trial. Most divorce arbitrations take 30 to 45 days, but there is no absolute rule as every case is different.

How much does a divorce arbitration cost?

The cost of a divorce arbitration is anticipated to be lower than a trial. The parties will pay their attorneys as well as the Arbitrator.

Blog
What is the Cost of a Divorce in New Jersey?

A recent analysis was published regarding the cost of a divorce in New Jersey. According to the study, the average cost of a divorce without children totals $15,600 and with children, the cost increases to $23,400. One of the first questions I am asked during an initial consultation is how much the divorce process will…

Read More
Blog
Marriage Rate is on the Rise in New Jersey

Recently, while driving into work, I heard a story on the radio.  The story discussed a report that the marriage rate is on the rise in New Jersey. It stated that marriage rates in New Jersey have increased by 8% over the last 10 years but that divorce rates have remained the same. New Jersey…

Read More
Blog
We Hope to Eradicate the “not established” Standard

Every year, there are approximately 90,000 allegations of child abuse and neglect in New Jersey. Of  cases reported in 2019, 67,000 were determined to be “not established” by the State’s Division of Child Protection and Permanency (DCP&P). The determination of “not established” is problematic and not much of a legal standard.  The “not established” category…

Read More
News
Rita Aquilio Attends ABA’s Section of Litigation Winter Leadership Meeting

Rita Aquilio, a divorce and family law attorney with Lawrence Law, attended the American Bar Association’s Section of Litigation Winter Leadership Meeting on January 16-18, 2020, at the Loews Hotel in Miami Beach, Florida. Aquilio attended the winter leadership meeting, an invitation-only event, as Co-Chair of the American Bar Association’s Section of Litigation Family Law…

Read More
News
Jeralyn Lawrence Published in The Clarion

Jeralyn Lawrence, Founder and Managing Member of Lawrence Law, had an article published in Volume 10, Issue 2 of The Clarion. Lawrence’s article, published in January 2020, discusses equitable distribution of negative equity.  It addresses the issue when one party to a marriage seeks to retain an asset that, at the time of trial or…

Read More
Call Now ButtonCall Us