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Can I Get a Divorce Without Going to Court?

Going to court can be one of the most stressful, and the most expensive, parts of the divorce process. Many of our clients ask us if there are ways to get a divorce without going to court, and the good news is that there are methods that can keep your time spent in court to a minimum. The best method might be an uncontested divorce, which requires you and your spouse to agree on the terms of your divorce. It can be hard to reach such an agreement, but the Morris County, NJ divorce lawyers from our firm are ready to help you do that.

How Can an Uncontested Divorce Keep Me Out of Court?

An uncontested divorce can keep you out of court because you and your spouse are coming to an agreement on all of the most important tenets of your divorce agreement. Most of the time, people are going to court because they cannot agree on things like child custody or property division. If you and your spouse can put aside any personal issues and negotiate in good faith, you can save a lot of time and money with this method of divorce.

You can also use a mediator when you negotiate. This is a third party that can step in if things get too acrimonious or if you need help coming to an agreement. A collaborative divorce is also an option. You, your spouse, and your attorneys all work together to finalize a divorce agreement that works for everyone

What Are the Requirements for an Uncontested Divorce?

To try for an uncontested divorce you have to meet a few requirements. It is necessary that:

  • There is an agreement on why you are getting a divorce
  • You or your spouse must have been residents of New Jersey for at least one year before any papers were filed
  • All relevant documents need to be filed and fees need to be paid
  • The spouse who is served needs to respond

Now you will be able to move ahead with an uncontested divorce. You and your spouse have to come to agreements on a wide range of topics, including:

  • Property division
  • Child custody
  • Child support and visitation
  • Alimony

If you cannot come to terms on one or more of these issues, litigation will probably be necessary.

Do I Still Need a Lawyer If I Don’t Go to Court?

Having an experienced divorce lawyer on your side can still be beneficial even if you do not plan to go to court. Your attorney can offer you advice, answer your questions, and help you if you decide on a collaborative divorce.

Talk to Our Legal Team

If you want to learn more about your divorce options, contact Townsend, Tomaio & Newmark. We can schedule a consultation and tell you more about how our legal team can be of assistance. We look forward to hearing from you.