New Jersey divorces are as unique as the couples themselves. Your particular experience and outcome will correlate with the type of divorce you have.
The first choice is whether to have an uncontested or contested divorce in New Jersey. While it seems like a no-brainer to choose a mutually respectful, New Jersey uncontested divorce over a protracted court battle, you may have a spouse who refuses to negotiate with you or give an inch on any demand. In that case, you may have no other choice but to take the matter to court.
In a contested divorce, your respective lawyers present your adversarial positions to a judge, who imposes legally binding decisions about how to split up your property, kids, and money. This approach can damage personal relationships and costs money and privacy, but you will be able to get out of your marriage.
The case for uncontested divorce in New Jersey
It should come as no surprise that the majority of couples choose to avoid divorce court whenever possible. With an uncontested divorce, you can find mutual agreement on every issue. Therefore, little court involvement is required, and the resolution usually is quick.
In contested divorces, you have less costly and contentious out-of-court dispute resolution options that include the following:
- Mediation: A qualified, neutral person facilitates negotiations between divorcing spouses to help them arrive at their own agreement on how to settle their divorce.
- Collaborative law: Each party retains a lawyer who advocates their interests and negotiates an agreement.
- Binding arbitration: The parties present their case to an independent decision maker who makes legally binding decisions about disputed issues.
These methods only require the courts to finalize the agreements. But regardless of which strategy you choose, make no mistake that you will each have to give up something you want to have an amicable, out-of-court divorce.
Experts say this mature, responsible, and respectful approach pays dividends by preserving the health and well-being of your family long after your divorce is final.