Divorce arbitration is being used much more frequently by divorcing persons in lieu of protracted and fragmented court proceedings. As a certified family law arbitrator, I can vouch for the advantages to those who decide to arbitrate instead of litigate their cases. Recently, I posted an article concerning the “nuts and bolts” of divorce arbitration. This follow-up article is intended to provide a brief update based on a significant addition to the New Jersey Rules of Court, which now specifically reference the availability of divorce arbitration.
Under the new Rules, effective September 2015, divorce cases can be sent to arbitration and thereby removed from the court’s schedule for up to twelve months. Such “official” recognition of divorce arbitration is a testament to the reality of overburdened judges, clogged court calendars and piecemeal trial days. As a result, there is no doubt that an increasing number of divorce cases will be arbitrated moving forward.
If you are considering divorce arbitration, the first step is to discuss it with a family law attorney who can recommend an arbitrator who has been certified by the American Academy of Matrimonial Lawyers and is a member of the New Jersey Divorce Arbitrators Association.