Mediation, Collaborative Divorce and Litigated Divorce | What To Know

Hard as it may be to believe, but, even as your marriage crumbles, you still have options. You and your spouse still have options about how you wish to conduct yourselves going forward and how your post-divorce life will look. If you and your spouse take the right path, you may never have to step foot in a courtroom, avoiding months or even years of court proceedings and mountains of divorce paperwork. For more information on mediation, collaborative divorce and litigated divorce, please read on, then contact one of our experienced Bergen County divorce attorneys today.

What happens in mediation and collaborative divorce?

When a couple agrees to divorce mediation, they meet with a trained, neutral professional in an informal setting, conducted either in person or remotely. This professional will provide guidance by exploring solutions, negotiating with both parties together and reaching an agreement on the important divorce issues, i.e. custody arrangements, spousal support and the like. Mediation allows:

  • Both spouses to discuss options before making final decisions, saving time, money and stress
  • Better preparation for attorney consultations
  • Both spouses to easily move into their new lives with dignity and confidence

Offered as an alternative to a traditional courtroom divorce, collaborative divorces involve the divorcing parties committing, in writing, to engage in voluntary, non-adversarial and flexible negotiations. The goal is to reach a mutually acceptable agreement. It has many of the same benefits as divorce mediation, except collaborative divorce is a step further than mediation.

How is litigated divorce different from mediation or collaborative divorce?

Couples who do not agree on one or more of the key issues tend to find themselves engaged in litigation, which usually involves the intercedence of lawyers and/or the legal system at large. Aside from increasing the risk of the proceedings devolving into acrimony, litigated divorce is slower, more expensive and stressful. However, in some instances, it may be necessary.

For example, let us say that the couple was married for twenty years and during that time one spouse worked, while the other raised the couple’s children. The spouse who cared for the children would be eligible for some alimony, at least until he or she can establish financial independence. However, the other spouse has decided not to pay. In that case, the first spouse will need to meet with one of our skilled Bergen County NJ family law and divorce attorneys to ensure that he or she receives what he or she is entitled to under Garden State law.

Regardless of which option you choose, our firm will fight for you and your rights, so please give us a call today.

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 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?