Do I Have to go to Court for Divorce?

Divorce can be an extremely complicated process, and if you believe your assets are at stake, it can become all the more worrisome. However, there are alternative methods of divorce, and if you think you and your spouse can reach an agreement outside of a courtroom setting, why wouldn’t you try? If you wish to avoid the courtroom setting, here are some of the questions you may have about the alternative methods of divorce available in New Jersey:

What is litigation?

Generally, spouses seek to avoid the litigation process, as mentioned above, because when a divorce goes into litigation, both spouse’s assets will be subjected to equitable distribution, meaning the fate of your assets and other conditions of your divorce, such as child custody issues, will be left up to a judge in a courtroom setting. What’s more, the litigation process is usually the longest in duration, and therefore most costly. Oftentimes, both spouses are left dissatisfied with the results, which is why they seek alternative methods of divorce.

What is divorce mediation?

When you hire a divorce mediator, you are essentially hiring an unbiased third party whose goal is to facilitate a civil conversation in a neutral setting. The overall goal of the mediation process is to ensure that both spouses feel like their voices have been heard, and to give each spouse a path to make a compromise that works for both parties. Though both spouses may not get everything they want, they will at least have a say in the outcome. Additionally, if you cannot reach a final agreement with your spouse, you can choose another route–the outcome of a mediation session does not have to be legally enforceable if you do not reach a fair agreement.

What is arbitration?

When you or your spouse hire an arbitrator, or arbitrators, they will assume the role of a privately-paid judge. In some cases, both you and your spouse will appoint a neutral, third-party arbitrator, and from there, the two arbitrators will select a third arbitrator. You and your spouse will both have a chance to voice your concerns, and the arbitrators will vote on the terms of your divorce from there.

Contact our New Jersey firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee.

To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about moving out of your marital home during your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

Read Our Latest Blog Posts

  •  How Do I Protect My 401(k) In a Divorce?
  •  Does Child Support Cover School Lunches?
  •  What Should My Prenuptial Agreement Cover?