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Alternative Methods of Divorce in New Jersey

Divorcing couples sometimes do not want to handle the proceedings through litigation in a courtroom. It is because of this that there are alternative methods to divorce that exist outside of a courtroom. These allow couples to discuss and handle their marital issues at their own speed between the two of them. These processes provide a healthy environment for spouses to work together to reach common decisions. While not all couples are able to do this, it can be beneficial for those who are able to work together. During this process, spouses can discuss marital issues such as child support, child custody, the division of assets, and alimony.

Mediated Divorce

Mediation is a common alternative to litigation. The process allows spouses to negotiate their marital issues to determine future arrangements. This process takes place with the help of an unbiased third party. The individual exists to assist spouses in finding and making agreements that work best for them. They can also mediate any disagreements that arise between the two. 

There is no set length to the process of mediation. This means there are no time constraints put upon the couple to meet a certain deadline. The entire process can last however long the couple needs to figure out their marital issues with each other. This ensures they are not rushing themselves with sensitive issues.

When both spouses agree to the terms of their marital issues, the mediator can draft a document that outlines the decisions they met. Both spouses can then sign the agreement and have it presented to the court for review and approval. If the court approves of their arrangements, the couple will be granted a Judgement of Divorce.

Collaborative Divorce

During a collaborative divorce, spouses participate in a series of four-way meetings. During this time, they are able to communicate with each other regarding their marital issues and how to resolve them. Instead of being guided by a mediator, these meetings take place with the help of the spouses’ attorneys. They help guide the spouses to the decisions that are in their best interest.

The process of a collaborative divorce is supported by a Participation Agreement. This is a document that must be signed by all parties involved. This includes both spouses as well as each of their attorneys. By signing the agreement, they are all held responsible for putting in the effort to make the process work. It also prohibits their attorneys from representing the spouses if the process does not work. 


Arbitration is another divorce option that exists outside of court. This process also requires the assistance of a third party. However, this third party acts as a judge. The individual is given the right to make decisions for the spouses instead of mediating while they reach conclusions themselves.

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.