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Settling a New Jersey Divorce Outside of Court | What to Know

When you decide to get a divorce, you will have to determine which divorce method to use. Some couples choose to go through the process of litigation. This means that the matters of your divorce, such as child custody, child support, division of assets, etc., will be decided by a New Jersey court. But, litigation can be a long, stressful, and expensive process. Additionally, matters that are determined in court can become public record, so it may not be the most private route to take. Luckily, there are alternative methods when it comes to settling your divorce. Read on to learn more.

Alternative Methods of Dispute

Many people believe you can only settle your divorce outside of court if you and your spouse are ending your marriage on good terms. This is not necessarily true. When it comes to settling your divorce outside of court, the most important thing is that you and your spouse are simply willing to work together. Some of the methods you may use include:

  • Collaborative Divorce: Collaborative divorces generally take place as a series of four-way meetings between both spouses and their respective attorneys. The purpose of this method is to facilitate healthy conversations between all parties. During this time, all parties are required to sign a Participation Agreement, requiring them to be honest and give the process a genuine try. If the process is not successful,  this 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 over the course of several meetings to allow spouses all the time they need to reach an agreement that works best for both parties. Mediation is a popular option, as spouses can solve their problems and compromise with composure.
  • Arbitration: 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.

Every couple is different, and there is no universal method of divorce that works for everyone. In order to determine which method may be best for you, you should reach out to an experienced divorce attorney. Contact our firm to speak with a skilled and dedicated attorney today.


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