Does my Divorce Have to go Through Litigation?

Retainer Fees and Paying for Your NJ Divorce Attorney

Divorce is one of the most emotionally and financially stressful experiences an individual can have. If you and your spouse cannot agree on the terms of your divorce, you will most likely enter litigation, which is a long, drawn-out, and financially draining process. However, there are other options. If you would like to avoid the litigation process and have more of a voice regarding the final terms of your divorce, please read on and reach out to our experienced firm to learn more about how we can help you. Here are some of the alternative methods of divorce available to couples in the state of New Jersey:

Collaborative Divorce

Generally, collaborative divorces function as a series of four-way meetings, between you, your spouse, and your respective attorneys. The purpose of these meetings is to facilitate productive conversation between you, your spouse, and two non-biased negotiators. The benefit of collaborative divorces is that since all parties are required to sign a Participation Agreement, they are forced to truly and honestly give the process their best shot. If they do not reach a fair agreement, the document prohibits the attorneys from representing the spouses in court.

Mediated Divorce

During the mediation process, spouses negotiate the terms of their divorce with the help of an unbiased, third-party mediator. This can be done through the course of one meeting, or several, allowing you and your spouse to take all the time you need to come to an agreement. Oftentimes, when the mediation process is successful, both spouses will walk away with a fair compromise, and an outcome they are more willing to accept, since they arranged it themselves. Mediation is very often the best option, as it also shows your children that it is always best to solve their problems through composed, calm, compromise.


When you and your spouse appoint a divorce arbitrator, he or she is a third-party who acts as a judge, instead of a mediator. Therefore, the arbitrator then has a right to act as a judge and make decisions regarding the outcome of your divorce.

Contact our experienced Bergen County 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

  •  What is a Cohabitation Agreement?
  •  Angela M. Scafuri Nominated Vice Chair of NJSBA Women in the Profession Section
  •  What Are The Best Ways To Save Money in an NJ Divorce?