Need a Virtual Divorce Lawyer in New Jersey?

New Jersey courts have been working on moving filings and other tasks to an online system since 2008, with the first systems going online in 2012. Technological advancements and the pandemic have accelerated the change.

Orders from the New Jersey Supreme Court required most family matters, including divorce proceedings, to be virtual as of June 2020, but this is no longer the case. As of October 2022, most family cases are being conducted in person. However, some uncontested divorce cases can still be handled virtually.

Although New Jersey provides forms and instructions for filing and handling your virtual divorce on your own, this is not recommended. It is best to have an experienced attorney assist you to facilitate matters and protect your interests.

This article covers virtual divorces in New Jersey, including what they are, how they work, and common challenges.

What Is a Virtual Divorce?

A virtual divorce is a type of uncontested divorce. This means the parties agree on all the details of the divorce settlement (property and asset division, child custody and support, etc.) ahead of the hearing. This makes E-divorce the easiest, fastest, and cheapest way to get an uncontested divorce in New Jersey.

The hearing itself is conducted virtually by teleconference or video. Both parties and their attorneys need to be present for the virtual hearing. 

Note that virtual divorce in New Jersey is limited to uncontested and uncomplicated cases since the October 2022 order from the Supreme Court to open up to more in-person hearings. 

Benefits of a Virtual Divorce

There are three benefits of opting for a virtual divorce in New Jersey:

1. Convenience and flexibility: Virtual meetings with an attorney, virtual form filing, and virtual hearings all add to the convenience and flexibility of a virtual divorce. Spouses can attend from anywhere without needing to worry about commuting and wait time.
2. Reduced costs and time: Virtual divorce is much cheaper and faster because there are fewer court appearances, meaning less transportation costs, and less to be decided by the courts. The wait time for a hearing can also be lower.
3. Privacy and comfort: Even an uncontested divorce can bring up complicated feelings. Spouses can also discuss sensitive information with their attorneys in a private space. The hearing may be more tolerable by staying in the comfort of one’s own home.

As a result, a virtual divorce makes the most sense when:

• The divorcing couple gets along and can agree on the details of the divorce settlement.
• The couple has uncomplicated assets and no children, or there is an agreement on custody and support of children.
• The couple wants a low-cost approach to divorce.

Virtual divorce is especially beneficial when one or both parties currently live outside the state. New Jersey jurisdictional requirements include one party living in New Jersey. However, if a same-sex marriage or civil union from New Jersey is not recognized in the couple’s new state, a New Jersey virtual divorce may be possible.

Step-by-Step Guide to the Virtual Divorce Process in New Jersey

A virtual uncontested divorce is easy to get in New Jersey in just three steps.

1. Initial Matters: Select an attorney and file for divorce online. The attorney will gather information and help with completing and filing the appropriate paperwork.
2. Mediation and Negotiation: Both parties must agree to property division, child custody, and other matters to get a virtual divorce in New Jersey. This could be after mediation. Virtual mediation is when both parties meet in a virtual meeting with a neutral mediator to reach an agreement on issues in the terms of the divorce.
3. Finalization: During the virtual divorce hearing, the attorneys represent their clients. The judge asks questions of both parties to ensure there is an agreement and verify the grounds for divorce. The judge will decide whether or not to approve the settlement agreement, which outlines the agreed upon terms of property division, child support and custody, etc. At the end of the hearing, if the judge approves the terms of the divorce, the judge will grant the divorce, meaning the divorce and its terms are finalized. 

Although the divorce is final, one must wait until they have received a finalized divorce decree in the mail before changing their name or going about the process of removing names from accounts. However, a spouse can also file a motion with the New Jersey Family Court during a pending divorce case to change their last name back to their maiden name.

Common Challenges in Virtual Divorces and How to Overcome Them

The most common challenge in virtual divorce has to do with technical issues during virtual meetings or the virtual hearing itself. The easiest way to get around these is to dial in and opt for teleconference instead. This is not ideal, but New Jersey does allow it. 

Many clients are also concerned with protecting their information and privacy online while getting a virtual divorce. These concerns can easily be mitigated by installing security software on one’s device. Windows devices with Microsoft 365 have Microsoft Defender, which protects against malware and phishing, or fraudulent activity. Antivirus software is also recommended. 

Finally, it’s important that spouses make sure that when they are involved in virtual meetings, negotiations, mediation, or the divorce hearing, they are in a private and quiet place. Managing communication online requires one to stay calm and speak clearly. This can be difficult because emotions can run high in a virtual divorce. 

How an Attorney Can Assist in the Virtual Divorce Process

Hiring an attorney can assist in the virtual divorce process in several ways.

• Initial Consultation and Case Evaluation: A virtual divorce is not for everyone. In the initial consultation and case evaluation, an attorney will determine the grounds for divorce and whether the case qualifies for an e-divorce in New Jersey. They will also discuss strategies unique to virtual divorce.
• Preparation and Filing of Documents: A mistake in preparing and filing documents in a virtual divorce could delay matters and result in additional costs. An attorney will identify the appropriate paperwork and prepare and file the documents to ensure accuracy.
• Negotiation and Mediation: An attorney represents their client in virtual negotiations and mediation. They have expertise in achieving favorable outcomes for child custody, support, alimony, property division, and other issues. This is a vital service, because both parties must be in agreement and the divorce uncontested to get a virtual divorce in New Jersey.
• The Divorce Hearing: An attorney will represent their client during the divorce hearing as well. 
• Post-Divorce Matters: An attorney can assist with post-divorce matters, including modifications to the agreement or enforcement of the agreement.

FAQs

Contact Rosenblum Law for Your Virtual Divorce

Having an attorney by your side during the divorce process is a must. Otherwise, you will be at a considerable disadvantage. 

Rosenblum Law has extensive experience with virtual divorce since it became common in 2020. Our expertise, personalized attention, and strategic planning will help ensure that your case is resolved as quickly, smoothly, and cheaply as possible. We will fight for the best possible outcome. Contact us today to schedule your free consultation.