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Legal Information: New Jersey

Divorce

Laws current as of January 8, 2024

Will my divorce case be sent to mediation if I am a domestic violence victim?

The judge may refer your divorce to mediation to resolve any financial issues, which does not include custody or parenting time. If you have a temporary restraining order against your spouse, however, the judge cannot send you to mediation. If you have a final restraining order, there is a Domestic Violence Economic Mediation Program designed to handle cases like yours, but you can only be sent to mediate the financial issues arising out of your divorce if you agree to it.1 This program can also be used if you and your spouse have mutual restraining orders against each other.2

If you request it, these mediation sessions must take place at the courthouse and will involve “shuttle diplomacy,” which means that you and your spouse stay in different rooms and the mediator moves between the rooms to carry out the negotiation. The mediators in this program are also required to take special domestic violence training before being assigned any cases. Your final restraining order will be modified to allow for this mediation to take place when you request it. However, you may end the mediation at any time if you do not feel comfortable.2 

1 N.J. Court Rules, R. 1:40-5(b)(1)
2  New Jersey Courts, Directive #06-20