Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
Many people contemplating divorce assume that to separate from their spouse they will need to participate in a courtroom trial. The thought of a “divorce trial” is often reinforced by television, social media, and stories passed down from prior generations. In reality this is no longer how divorce works in New Jersey today.
Over the past several decades, particularly since the 1980s and through significant procedural and statutory reforms in the 2000s and 2010s, New Jersey’s family court system has shifted away from routine trials. Courts now place strong emphasis on settlement, structured negotiation, and practical resolution.
Understanding this reality can help to reduce a divorce client’s anxiety and help them approach the divorce process with clearer expectations.
Trials Are the Expectation, Not the Rule
Divorce trials occur only when parties are unable to resolve disputes after extensive settlement efforts. Family courts consistently report that approximately 95 percent of divorce cases settle before trial.
This is not accidental. Trials are time-consuming, emotionally draining, and disruptive, particularly for families with children. Courts therefore require parties to participate in meaningful settlement efforts before a case will ever be scheduled for trial.
When a trial does occur, it is typically because the dispute involves:
- Deeply entrenched financial disagreements
- Disputed facts or credibility issues
- Parenting conflicts that cannot be resolved through negotiation
Private Mediation Is Always an Option
At any stage of a divorce, spouses may voluntarily participate in private mediation. Mediation involves a neutral third party who helps the spouses identify disputed issues and work toward resolution. Attorneys will participate, but the process remains collaborative rather than adversarial.
Some of the advantages mediation offers are by allowing parties to:
- Maintain control over outcomes
- Address disputed issues creatively rather than rigidly
- Resolve disputes in a confidential setting
- Reduce emotional strain on the spouses and their children
Even when mediation does not resolve every issue, it often narrows the scope of disagreement and makes later resolution more manageable.
Court-Required Settlement Programs
Once a divorce is filed, the court itself becomes involved in encouraging settlement. In most cases involving financial issues, parties must attend the Early Settlement Panel, a court-sponsored program designed to facilitate resolution of economic disputes.
If settlement is not reached at that stage, the case is usually referred to mandatory economic mediation. Participation is required, and courts expect parties to engage in good faith.
These programs are not procedural formalities. They are a central feature of how New Jersey divorce cases are resolved.
Settlement Continues Even After a Trial Date Is Set
Even when a trial date is scheduled, settlement efforts often continue. Judges regularly encourage negotiation up to and sometimes during trial. It is not uncommon for cases to resolve shortly before testimony begins or after the first day of trial.
This ongoing emphasis reflects the court’s recognition that negotiated outcomes are often better suited to families who must continue interacting after the divorce is final.
Settlement allows for greater flexibility. Parties can structure financial arrangements, parenting schedules, and timelines in ways that reflect their real lives rather than relying on judicial discretion. Settlements also tend to reduce post-divorce conflict, which is particularly important for parents who will continue co-parenting.
How the Expectation of Trial Creates Unnecessary Anxiety
Believing that divorce inevitably leads to trial can harden positions early in the process. Some people adopt an unnecessarily defensive or adversarial posture, assuming conflict is unavoidable. Others delay filing altogether, fearing an outcome that is unlikely to occur.
This mindset often increases stress and makes resolution more difficult. Understanding that settlement is the norm, not the exception, allows people to approach divorce with a problem-solving perspective rather than a battle mentality.
Why This Matters
Divorce is challenging enough without added fear based on outdated assumptions. Knowing that most New Jersey divorce cases resolve without trial allows individuals to focus on practical planning, informed decision-making, and realistic expectations.
If you have questions about how settlement, mediation, or trial applies to your situation, consulting with an experienced New Jersey family law attorney can provide clarity and help you navigate the process with confidence.
Questions?
Do you have more questions about divorce in New Jersey? If so, be sure to check out our full series on Common Divorce Myths in New Jersey.