Reviewed by Dominic A. Tomaio, ESQ.
Going to court can be one of the most stressful and most expensive parts of the divorce process. Many of our clients ask whether there are ways to get divorced without going to court, and the good news is that there are several methods that can keep your time in a courtroom to a minimum, or avoid it almost entirely. If you and your spouse can agree on key terms, you can proceed with an uncontested divorce outside of court. This may be acheived through mediation, arbitration, or a collaborative divorce. The best fit depends on how much you and your spouse are able to agree. Only when spouses cannot reach an agreement does a divorce typically proceed to litigation before a judge. Our Morris County, NJ divorce lawyers can help you find the right path.
How Can an Uncontested Divorce Keep Me Out of Court?
An uncontested divorce keeps you out of court because you and your spouse agree on all of the most important terms of your divorce. Most people end up in front of a judge because they cannot agree on things like child custody or property division. If you and your spouse can set aside personal conflict and negotiate in good faith, you can save a significant amount of time and money.
What Are the Requirements for an Uncontested Divorce?
To move forward with an uncontested divorce, a few basic requirements must be met:
- You must have a ground for the divorce, most commonly irreconcilable differences
- Under N.J.S.A. 2A:34-10, at least one spouse must have been a New Jersey resident for one year before filing (except where the ground is adultery)
- The required documents must be filed and the fees paid
- The spouse who is served must respond
From there, you and your spouse must reach agreement on the core issues in your divorce, including:
- Property division
- Child custody and parenting time
- Child support
- Alimony
If you cannot agree on one or more of these, some form of dispute resolution, or ultimately litigation, may be necessary.
Out-of-Court Options to Help You Reach an Agreement
If you and your spouse are not fully in agreement yet, several processes can help you get there without a courtroom trial:
- Mediation: A neutral, third-party mediator will help facilitate conversations between you and your spouse in the hopes of reaching a voluntary agreement on contested issues. The mediator cannot decide on these matters; you and your spouse will remain in control of the outcome. This is typically the most common and cost-effective option.
- Collaborative divorce: During a collaborative divorce, you and your spouse will each retain a specially trained attorney, and every party involved signs a participation agreement to settle out of court. New Jersey’s Collaborative Family Law Act, N.J.S.A. 2A:23D-1 and following, provides a formal structure. One of the primary features is the disqualification rule: in the event the parties cannot reach an agreement, and the case proceeds to court, the attorneys must withdraw. This provides everyone with a strong incentive to settle.
- Arbitration: A neutral arbitrator assumes the role of a private judge. Rather than reaching an agreement with your spouse, both parties will present their side, and the arbitrator will determine the terms. This is typically faster and more private than a court decision, though you lose control over the outcome.
In the event disputed matters cannot be resolved through these options, litigation before a judge is the only remaining path. It is generally the longest and most costly option, which is why many couples consider alternatives before pursuing litigation.
Do I Still Need a Lawyer If I Don’t Go to Court?
Yes. Even if you never set foot in a courtroom, an experienced divorce lawyer can advise you, protect your interests, review any agreement before you sign, and guide you through mediation or a collaborative divorce. Settling out of court does not mean going without sound legal advice.
Talk to Our Legal Team
If you want to learn more about your divorce options, the team at Townsend, Tomaio, Newmark & Clancy, LLC is ready to assist you. We can schedule a consultation and tell you more about how our legal team can be of assistance. Contact us today to discuss your circumstances with a member of our firm. We look forward to hearing from you.
