During a divorce, things can get messy. Dividing two lives that were once intertwined is never easy and the process is often emotional and sometimes contentious. When you go to court for your divorce there is a chance that the information shared may become public knowledge. Because of how personal the divorce process is it is important for many couples to maintain their privacy. Divorce arbitration is generally confidential in New Jersey and offers couples an alternative to litigation. For more information on the process and whether or not it is right for you, work with a knowledgeable Sussex County, Sparta divorce attorney.
What is an ADR?
An ADR (alternate dispute resolution) is a method of resolving a conflict or issue without having to go to trial. These resolution techniques are generally less formal and time-consuming than litigation, making them popular alternatives. Mediation and arbitration are common methods to settle various disputes related to a divorce.
ADRs are generally less time-consuming and costly as you do not have to wait for a court date to become available or pay for court fees and extended attorney fees. They may also offer more privacy than a trial which in New Jersey is typically available to the public.
What is Divorce Arbitration?
Arbitration is a legal process where two feuding parties, in this case, a divorcing couple, meet with a neutral third party. The neutral individual is the arbitrator who oversees the proceedings. With help from their legal representation, each spouse will be given the opportunity to present various information and arguments expressing what they want out of the divorce and why. The process is designed to settle relevant divorce topics like spousal support, child support, custody, visitation, property distribution, etc.
Once all of the information has been given and arguments have been made, the arbitrator will act like a judge and make their final decision on all topics involved. Their ruling is legally binding and will then be entered into the divorce decree.
Is Arbitration Confidential?
Yes, under New Jersey law, arbitration proceedings are kept confidential. While the arbitrator’s decision will be entered into the divorce decree and may be subject to disclosure, the evidence and information discussed during proceedings are kept private. This includes financial statements and testimony.
Confidentiality is important to many couples, especially those with children or who have particularly contentious relationships. When the details of a divorce become public record the couple is subject to scrutiny and personal information becomes widely available. It can be uncomfortable and difficult to grapple with the fact that anyone can access information about a very delicate and emotional time in your life.
Arbitration and other ADRs are popular for many reasons, confidentiality being a main one. If you are considering arbitration over litigation it is important to understand all of the implications of the method. Speak with an experienced attorney for more information today.
