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Does my Divorce Have to go Through Litigation?

Going through a divorce is one of the most emotionally and financially exhausting experiences that a person can face in their life. It is because of this that many spouses hope to minimize this as much as possible. When spouses are unable to agree to the terms of their divorce, they may have to divorce through litigation. This is a long and expensive process. However, this is not the only option available to spouses. There are alternative methods available to spouses who wish to avoid litigation. If you are going through a divorce and wish to learn more about these methods, read below and contact an experienced New Jersey divorce attorney for assistance.

Collaborative Divorce

Collaborative divorces generally take place as a series of four-way meetings. This is between both spouses and their respective attorneys. The purpose of this method is to facilitate healthy and conversations between all present parties. During this time, all parties are required to sign a Participation Agreement. This binds them to be honest and giving the process their best shot. If this is not done, the document prohibits the attorneys from representing the spouses in court.

Mediated Divorce

During mediation, spouses negotiate the terms of their divorce with the help of an unbiased, third-party mediator. This can be done in one meeting or several to allow spouses all the time they need to reach an agreement. When this process is successful, both spouses can walk away with an outcome they are happier with and more willing to accept because it happened on their own terms. Mediation is very often the best and most popular option, as spouses can solve their problems and compromise with composure.


Similar to mediation, arbitration requires a third-party. However, a divorce arbitrator acts as a judge, instead of a mediator. This allows the individual the right to make decisions for the couple regarding the outcome of their divorce for them.

Contact our Firm

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