Did You Know That Virtual Family Court Is The New Normal?

Virtual family court is here to stay — learn how to navigate online hearings and protect your legal interests in this new digital era.

The pandemic has reshaped countless aspects of daily life, and the family court system is no exception. When courthouses closed, family courts turned to virtual hearings seemingly overnight, transforming how divorces and custody cases are handled. While this shift offers convenience and accessibility, it also introduces a steep learning curve for many.  

If you’re facing a divorce, custody dispute, or any family law issue in New Jersey, understanding the ins and outs of the virtual family court system is a must. We’ll break down what you need to know, ensuring you’re fully prepared for this new digital approach to resolving legal matters.

The Rise of Online Hearings and Remote Mediation Post-Pandemic

The COVID-19 pandemic fundamentally transformed how the courts operate. At the height of the pandemic, New Jersey’s family courts transitioned to virtual hearings and remote mediation to ensure proceedings could continue safely. While the state’s courts have since reopened for in-person operations, many hearings remain virtual due to their convenience and efficiency.

Tools like Zoom and the Cloud Video Platform (CVP) are commonly used for remote hearings, allowing participants, attorneys, and judges to attend meetings without leaving home. Mediation and settlement negotiations can now occur virtually, making scheduling and managing these critical discussions easier.

This shift has proved particularly beneficial for divorcing parents and others facing family law issues, as it offers added flexibility without compromising the fairness of the proceedings.  

The Typical Process for Virtual Hearings and Motions in New Jersey

The virtual format of the family court makes it more accessible while retaining the formalities and decorum expected of in-person appearances. If you’ve never participated in online court, you may wonder how it differs from physically being at the courthouse. There’s a process that’s generally followed in most cases. 

Virtual family court hearings in New Jersey typically follow a streamlined process:

Scheduling and Invitation  

Participants receive a link to the hearing via email, allowing them to join through platforms like Zoom or CVP.

Preparation  

Before logging in, participants must ensure they’re in a quiet, private space with a stable internet connection. Recording devices are strictly prohibited and could result in charges of contempt of court.

During the Hearing  

Once the hearing begins, remote participants can see others involved, including their attorneys and the judge. Each party is allowed to present their case, much like in-person sessions.

Privacy Requirements  

Participants are asked to confirm they are in a private space, ensuring the confidentiality of the proceedings.

Virtual Family Court Etiquette

When it comes to appearance, attendance, and behavior in online family court, act like you’re preparing to go into the actual New Jersey court building and go before a court. Showing respect for the court and the gravity of the decisions can be communicated through how you dress, speak, and act online. 

Although you’re attending court virtually, proper etiquette remains critical. 

Here are key tips to put your best foot forward for virtual family court:

Dress Professionally: Opt for business casual attire. Avoid clothing with controversial graphics, bright colors, or distracting designs.

Arrive Early: Connect to your online hearing a few minutes beforehand. Ensure your username reflects your legal name as it appears in court documents.

Mute Your Microphone: To minimize disruptions, mute your microphone when not actively speaking. Unmute only when asked.

Act Accordingly on Camera: Remain calm, avoid distracting movements, and show respect to all parties, particularly the judge.

Addressing the Judge: Always refer to the judge as “Your Honor” and maintain a polite tone.

Avoid Interruptions: Turn off your phone and minimize surrounding distractions to focus entirely on the proceedings.

By following these basic rules, you can ensure a smooth and professional experience. If you have any questions regarding your virtual family court appearance, discuss this with your family law attorney. They’ll guide you through the process so you can feel more comfortable.

The Benefits and Challenges of Online Hearings and Motions

One significant benefit of online hearings is enhanced accessibility. Virtual platforms enable participants—judges, attorneys, and litigants—to join from various locations. This is especially beneficial for those with mobility challenges or those living far from the courthouse. Online hearings also minimize travel costs, time commitments, and logistical obstacles, making the legal process more inclusive and efficient. 

Additionally, remote proceedings can help courts manage heavy caseloads by flexibly scheduling matters. The digital format streamlines the process for routine hearings or motions, often allowing cases to progress faster than in a traditional setting.

Despite these advantages, online hearings aren’t without their difficulties. Technical issues remain a significant concern, as unreliable internet connections, malfunctioning devices, and unfamiliarity with virtual platforms can cause delays and frustration. 

Access to technology poses a barrier for some participants, particularly for individuals from low-income communities or areas with limited infrastructure. Beyond technology, online hearings may also affect the dynamics of the courtroom. The absence of physical presence can make it harder for judges and attorneys to assess nonverbal cues, such as body language and facial expressions, which are often critical for evaluating credibility.

Another challenge lies in maintaining the gravitas of the court process. While more flexible, virtual hearings can lack the formality and solemnity of an in-person courtroom, which some believe fosters respect for the judicial process. The casual environment of a remote setting may lead to less professional behavior or diminish the seriousness with which participants approach the proceedings.

What To Expect From a Virtual Family Court Experience in NJ

We’ve discussed the technical aspects of attending virtual family court. We’ve also summarized the benefits and challenges of attending court online. What you can expect from the virtual court is the same as what you can expect from a family law court you’d attend in person.

The virtual court process allows divorcing parents and those with family law matters to resolve issues such as custody, visitation, and support in a structured way. While the procedures mirror in-person hearings, your attorney will prepare you for the unique aspects of meeting virtually.

You’ll need strong internet access, a quiet environment, and a mindful approach to etiquette. Your attorney will guide you on what to expect and how to confidently present your case, whether you’re attending mediation sessions or formal hearings.

Experienced family lawyers are also familiar with court preferences and processes, so leaning on their knowledge will be invaluable. 

Contact the Knowledgeable Family Law Attorneys at Smedley Law Group, P.C. in Woodbury, NJ Today

If you’re facing divorce, you’ll also most likely be dealing with another matter like child custody, child support, or division of assets, so you’ll need to speak with a qualified attorney. The New Jersey family law attorneys at Smedley Law Group, P.C. represent clients throughout the state, including West Deptford, Woodbury Heights, Runnemede, and Westville. 

We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 251-0800 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 750 Cooper Street, Woodbury, NJ 08096.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.