Alternatives to Traditional Divorce in New Jersey
The traditional litigated divorce process in New Jersey can be costly and time-consuming, and it may not be the most effective option for each couple’s unique situation. In many divorces, both parties walk away feeling emotionally and financially drained. Fortunately, there are some alternatives to traditional divorce in New Jersey that could be ideal in certain circumstances.
If you are considering a divorce, it may be in your best interest to first think about the advantages of alternative dispute resolution. A New Jersey divorce attorney can ensure that you understand the full extent of your alternative options and help you avoid some of the challenges that come with a traditional divorce.
Benefits of Divorce Alternatives
There are many benefits of finding an alternative to traditional divorce. Different resolution methods can provide the spouses with more control over the legal process and reduce the stress that can come with a heated divorce.
Many of the alternatives to litigated divorce can reduce financial costs and produce quicker results compared to traditional divorce. Saving both time and money may reduce hostility between the divorcing spouses. These options also provide more privacy than some divorce proceedings, as these proceedings are not a matter of public record.
Common Alternatives to Divorce
There are multiple alternative avenues to litigated divorces. Thanks to the flexibility that comes with resolving a divorce outside of a courtroom, it may be possible to take advantage of a combination of these tools to come to an agreement.
Arbitration is an alternative to divorce that still retains some similarities to an adversarial trial. During this process, a neutral arbitrator or group of arbitrators will hear evidence from both spouses and then determine how to best divide marital assets, award any monetary support, and determine child custody and parenting time. This process is typically less formal than a trial; however, the arbitrator’s decision is legally binding and can only be challenged in regular court on very limited grounds.
Mediation is a form of negotiation between a neutral mediator, typically an attorney or retired judge, and the spouses. Both spouses have the right to legal counsel during mediation. This process is nonbinding and confidential, and the mediator does not determine the split of assets the way an arbitrator would. Instead, the mediator’s job is to help reach a resolution that is agreeable to both sides. Mediation can involve speaking to all parties at the same time or negotiating with them one on one.
This process can occur in one of two ways. Often, the court will order mediation during the course of a divorce case before it goes to trial. Mediation is also available privately, even before a divorce has ever been filed. Private mediation gives the parties full control of the process and can represent one of the best chances to come to an agreed resolution.
A collaborative divorce has some aspects of a traditional divorce case, but there are important distinctions within the process. In a collaborative divorce, both parties work together with their attorneys to resolve any issues without the need for court intervention. Since the parties work together, this process can occur with both spouses obtaining their own legal counsel.
Discuss Alternatives to Divorce with a New Jersey Divorce Attorney
If you are concerned with the expense and disruptions that can come with a traditionally litigated divorce in New Jersey, you might benefit from an alternative method. From mediation to arbitration, these alternatives can reduce your costs and protect your privacy during this challenging time. Let a divorce attorney help you find the best option to suit your unique needs. Call right away to get started.