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Do I Have to Go to Court to Get Divorced in New Jersey?

The process of getting a divorce can be very complicated. Often times, spouses worry about the situation becoming messy in court and worry about the future of their family and assets. When facing these situations, it is important to know that there are different methods of divorce. Some of which exist outside of a courtroom. If a couple can reach agreements without the assistance of the court, there are different options available to them. Here are some of the following divorce methods in New Jersey:

Litigated Divorce

Spouses go through the process of litigation when they are unable to reach an agreement regarding their marital issues on their own. However, most usually try to avoid this process, as these decisions are in the hands of the judge. This can include the division of their assets, child custody agreements, child support, and alimony. In addition to this, litigation is usually a long and costly process that often leaves spouses unsatisfied. It is because of this that many spouses seek alternative methods.

Divorce Mediation?

When couples choose to divorce through mediation, it is done with the help of an unbiased third party. This person facilitates civil conversations in a neutral, informal setting to ensure that both spouses can work together to reach an amicable agreement regarding their marital issues. Conversations during this process can cover issues such as child custody, child support, alimony, and the division of assets. This allows both parties to be heard in order for compromises to be made. While both spouses do not always get everything they want, they can at least have a say in the outcome of their future. Not only does this process diffuse some tension, it can help spouses save money during their divorce.


The process of arbitration can sometimes sound similar to mediation. However, there is one major difference. Spouses will appoint an arbitrator instead of a mediator. While this individual is also a neutral, third-party, this person assumes a role similar to a judge. Instead of the spouses coming to decisions on their own together, they present their concerns to the arbitrator who then votes on the terms of their divorce. 

Contact our Firm

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