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According to a recent press release by the Chief Justice of the New Jersey Supreme Court, as of February 21, 2023, except for very limited circumstances, all trials in civil and family courts are suspended, in 6 New Jersey counties due to the existing judge vacancy crisis, which spread additional New Jersey counties “in the near future.”
Therefore, there will be no civil or family court trials held in Hunterdon, Somerset, Warren, Cumberland, Gloucester, and Salem counties at this time. The New Jersey courts are prioritizing criminal and juvenile delinquency matters, where an individual’s liberty is at stake, and potential emergencies like domestic violence cases.
According to the press release, there are 69 judge vacancies throughout the New Jersey courts with current judges already handling thousands of court proceedings and motions each month.
At the same time, the backlog of divorce and family cases that increased during the pandemic continues to increase as judge vacancies escalate, now resulting in a full-blown crisis. The byproduct is also that the limited number of judges spread throughout the state are inundated by motions for people who are unable to settle their cases.
What can you do if you’re getting a divorce?
While there are certain family cases that might need court intervention, the vast majority of New Jersey divorce cases settle out of court by mutual agreement. This is where you and your spouse agree on terms and sign a written Marital Settlement Agreement. This is a contract that resolves all issues between the two of you, including child custody, parenting time, child support, college costs for children, alimony, and division of marital assets and debts.
Therefore, while only a court can legally dissolve a marriage, you don’t need the Court to make these critical decisions for you. It is only after you and your spouse have signed a Marital Settlement Agreement that you file the necessary paperwork with the court to legally dissolve the marriage. And the costs of reaching an agreement with your spouse out of court are likely to be a fraction of what they’d likely be if a court were to decide the issues for you.
Unfortunately, getting to a Marital Settlement Agreement has been made much more difficult since the pandemic with most court proceedings still held remotely, which is likely to continue for the foreseeable future.
With court proceedings and settlement conferences being held remotely, there is no longer an opportunity to sit down in the courthouse and settle divorce cases. Before the pandemic, all family court proceedings were held in person. While at the courthouse, you and your attorneys could sit in the hallway or in a conference room and talk about settling your case.
But the court crisis presents a unique opportunity for you and your attorneys to hold your own settlement conferences and in person mediation sessions. That way, you can talk to each other in person the way people used to – but instead of at the courthouse, in your own attorneys’ offices and in mediation sessions.
While sitting down with your spouse and both lawyers can seem excruciating, it’s generally the best way to reach an overall agreement. And with skilled settlement oriented attorneys, chances are it won’t be as bad as you might think.
The important thing is that it puts you in the driver’s seat to determine your own outcomes and make your own decisions about your children and your financial future rather than leave such important decisions to the court.
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