When most people think about divorce, they assume it means heading straight to court. However, there are options for divorce that may be better than going to court. In New Jersey, before you even file for divorce, you are required to receive information about other forms of dispute resolution, and you will be required to sign a certification to confirm that you understand these alternatives.[1] Divorce, after all, is a dispute, and it does not always need to be settled in court.
Here are three common alternatives to going to court for your divorce:
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Mediation
Mediation is one of the most popular divorce alternatives. Mediation involves hiring a neutral third party—often a lawyer, though not necessarily—to facilitate discussions and negotiations between you and your spouse. The mediator’s role is to guide you both to resolve the issues that need to be settled during the divorce. The mediator does this without giving legal advice to either side.
At the end of mediation, you have the right to consult with a lawyer before finalizing any agreements. The consultation after the mediation will ensure that your decisions are informed and legally sound. A significant benefit of mediation is the cost savings. Instead of paying for two attorneys, you only pay one mediator. The process also tends to be quicker and can help preserve a more amicable relationship with your spouse because it avoids the confrontational atmosphere of a courtroom.
Mediation does require a high level of trust between you and your spouse. Unlike traditional litigated divorce process, there may not be a discovery process to compel the sharing of financial documents or other information, so honesty and transparency are a key component of a mediated divorce.
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Collaborative Divorce
Collaborative Divorce is an alternative to court that combines elements of both mediation and traditional litigation. In a Collaborative Divorce, you each hire collaboratively trained attorney. Unlike mediators, your attorneys provide legal advice and represent your interests. The Collaborative Divorce process also involves a team of divorce professionals, such as financial experts, mental health professionals, or divorce coaches, who help to facilitate negotiations of complex issues. The Collaborative Divorce model focuses on finding creative, mutually agreeable solutions, rather than escalating conflicts.
In a Collaborative Divorce, you and your attorneys both sign an agreement that commits to settling your divorce outside of court. If the process breaks down, your attorneys are disqualified from representing you in court. This part of the process is motivation for you and your legal teams to work toward resolution rather threatening litigation.
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Arbitration
Arbitration is another option where you agree to let a neutral third party make binding decisions, similar to a judge. However, the arbitrator is not there to facilitate negotiations; instead, they act as a private judge and make final rulings on the issues. Arbitration can be particularly beneficial in high-net-worth or complex divorce case where you and your spouse prefer to hire an experienced matrimonial attorney to serve as the arbitrator, rather than relying on a potentially less experienced family court judge.
Once the arbitrator decides the issues of your case, it is submitted to the court for approval, and the final judgment of divorce is granted.
Traditional Courtroom Litigation: A Last Resort
While going to court is always an option, it should be seen as a last resort after all other options have failed. A litigated divorce is typically the most time-consuming and expensive approach. It is also highly adversarial, which can make it harder for you to have a cooperative relationship post-divorce.
Even if you choose to litigate, the court may still order you to attend mediation at some point during the process. In most cases, divorces can be settled outside of court with the right professionals, saving time, money, and stress.
Conclusion
Divorce does not necessarily mean that you go to court. Options like Mediation, Collaborative Divorce, and Arbitration, provide several ways to resolve your divorce more efficiently, amicably, and affordably. While the courts are available, if necessary, in most cases, these alternative methods offer a better way forward.
For more information or to schedule a consultation call 732.865.6653. Our office is located at 1516 Highway 138, Unit 1B, Wall, New Jersey 07719.