Options for Divorcing Spouses with Growing Backlog of New Jersey Divorce Cases

The latest annual report issued by the New Jersey judiciary for the year ending June 30, 2021 shows a growing backlog of divorce cases amidst a historic statewide judge shortage.

According to the acting administrative director of the New Jersey courts, the pandemic has permanently changed the New Jersey court system and New Jersey courts must continue to evolve if they are to effectively serve the public.

While the 2021 annual report revealed New Jersey courts held more than 156,000 remote events, in all subject matter areas, judicial vacancies remain an ongoing problem and impedes normal operation of New Jersey courts.

This state-wide judge shortage and growing backlog of divorce cases is a historic crisis.  New Jersey courts are overworked and understaffed.  As a result, divorce and custody court proceedings and trials are being delayed for months.  And in many counties, no divorce trials are being scheduled at all.

Issues involving custody and financial relief are not being addressed by courts in a timely fashion, which can significantly increase stress and uncertainty for divorcing spouses and their children.

But you have options.  The vast majority of divorces are settled out of court by agreements that resolve issues including child custodyparenting timechild supportcollege costs for childrenalimony, and division of marital assets and debts.

The costs of reaching an agreement with your spouse out of court are likely to be a fraction of what they’d likely be if a court were to decide the issues for you.

But it is extremely important to select a creative and experienced solution-oriented attorney to advise and assist you in expeditiously resolving the important issues in your divorce.

A lawyer with significant family law experience often knows how to expedite the process wherever possible to save you time, money, and emotional energy.

On the other hand, an attorney who encourages you to “fight” is one who will cause your divorce to drag on at significant financial and emotional cost.  Adversarial lawyers focus mainly on finding ways to attack their adversaries instead of looking for common ground.

A lawyer who focuses on being an adversary generally drives spouses farther apart.  This makes it harder to not only reach an agreement but to co-parent your children.

Divorce mediation is another way to resolve differences with the help of a trained, impartial third party.  Mediation is a confidential non-binding dispute resolution process designed to facilitate settlements in an informal, non-adversarial manner.

The mediator does not represent either spouse and does not offer legal advice.   Therefore, you and your spouse should each have your own settlement-focused attorney to advise you in making informed decisions that support your interests and goals.

With the help of a skilled and experienced divorce and family law attorney, you can settle your divorce without court.

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