Legal Question in Family Law in New Jersey
divorce arbitration
I need help understanding the arbitration process. I can't find answers to my questions anywhere. Does the defendant need to file an answer before the two parties can go to arbitration? I was told by the plaintiff that the defendant does. She said that if the case goes to court it needs to be on file. I don't quite understand this. If the two parties want to go to arbitration can't they just go? Is there a rule that says the defendant needs to file an answer first? If so can you direct me to it? Thank you so much
1 Answer from Attorneys
Re: divorce arbitration
Arbitration is for union strikes. In a divorce there is mediation in which a third party or parties evaluate the position of the parties and advise what a judge would do. It is no binding.
If you have nothing you can just give her the set of silverware and go your way. If you have children and assets with issues of child support, custody, visitation, alimony and division of marital assets you want to know everything about the situation and what all the applicable law is to try obtain what you are entitled to in a divorce and you can not get divorce without going to court.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattoreyatlaw.com