Alternative Methods of Divorce in New Jersey

Understanding the Mediation Process

When couples go through a divorce, they sometimes do not want to take part in litigation. It is because of this that there are alternative methods to divorce that take place outside of court. These processes allow couples to discuss their marital issues in a way that is comfortable for them in a healthy environment. During this time, they are able to work together to reach agreements regarding their present issues. While this is not possible for all couples to do, it can be very beneficial for those who are able to do so. Throughout these processes, spouses discuss marital issues such as child support, child custody, the division of assets, and alimony.

Mediated Divorce

A common alternative method of divorce is mediation. During this process, spouses negotiate their marital issues in order to reach agreements regarding their futures. This is done with the assistance of an unbiased third party, known as a mediator. This person exists during the process to help settle any disagreement between the spouses and help them find arrangements that work best for them.

It is important to know that mediation has no certain length. There are no constraints put upon the couple to make these decisions within a certain period of time. This allows spouses to take however long they need to discuss these sensitive matters with each other.

Once spouses can settle their marital issues, the mediator drafts a document that outlines their agreements. Both spouses must sign the document before it is presented to the court to be reviewed. If it is approved, the court can grant the couple a Judgement of Divorce. 

Collaborative Divorce

A collaborative divorce exists through a series of four-way meetings. Guided by each of their attorneys, spouses are able to take this time to discuss their marital issues and how to resolve them. This process is supported by a Participation Agreement that must be signed by all parties, including the attorneys. With this, they are all held responsible for putting in the effort to make the process work. In the event that it does not, the agreement also prohibits the attorneys from further representing the spouses.


The process of arbitration also requires the help of a third party during the process. However, unlike mediation, this third party acts as a judge. Instead of acting as a mediator, the individual has the right to act as a judge and make all decisions for the spouses.

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If you or a family member is seeking representation for a child support case, contact Townsend, Tomaio & Newmark LLC., today.

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