How can I get a divorce without going to court in New Jersey?

• Call Us
• Chat With Us

When people hear the term “divorce,” they usually imagine a long, drawn-out legal process involving numerous court hearings and a trial to determine the terms of the dissolution of marriage. However, not all divorces need to end as an expensive and time-consuming legal battle. In New Jersey, alternative divorce routes allow couples to end their marriages without going to court. Nonetheless, this is only possible if you and your spouse are willing to work together toward a mutually beneficial divorce settlement agreement. If a divorce is imminent and you would like to avoid litigation, contact a knowledgeable attorney from the Law Office of Sarina Gianna, LLC, who can help you understand the Divorce Options in New Jersey that enable you to end your marriage without going to court. 

Is it possible to get a divorce without going to court in New Jersey?

If you and your spouse have tried to work out a settlement agreement on your own but have been unsuccessful in resolving your contested issues, you will have to file for a contested divorce. In a contested divorce, a judge reigns power over the decision regarding the dissolution of your marriage. This means you will have to appear for multiple court hearings and a trial to end your marriage. However, if you and your spouse can reach a mutually agreed-upon divorce settlement agreement, you can file for an uncontested divorce. Although you can avoid litigation through this option, you will likely have to appear before the court for your final hearing in which the judge issues the divorce decree. Therefore, to avoid going to court, you should consider pursuing an alternative route to the traditional divorce process.

What alternatives to the traditional divorce process should I consider?

Fortunately, there are different ways that you can avoid a contested legal battle when divorcing. In most cases, couples that want to avoid going to court will use one of the methods of alternative dispute resolution. One of the best ways to avoid litigation is by undergoing divorce mediation. Divorce mediation involves you and your spouse attending sessions with an impartial third-party mediator to help resolve any disputed issues to reach a mutually beneficial divorce settlement agreement. Once a mutually agreed-upon divorce settlement is reached, the terms set forth become legally binding after each party signs the agreement.

If divorce mediation does not seem tailored to your needs, you can choose a collaborative divorce. In a collaborative divorce, you and your spouse will each be accompanied by your legal counsel and undergo sessions in which you will all work together to resolve your contested issues and reach an agreement. If you can work together and compromise on the terms that will apply to the termination of your marriage, you can end your marriage without going to court.

Furthermore, you can opt for divorce arbitration if you do not pursue mediation or a collaborative divorce. In divorce arbitration, you get to choose an arbitrator who acts in the same manner as a judge to make decisions regarding the dissolution of your marriage. Some couples do not choose arbitration because once a decision has been made, you cannot appeal their decision.

Contact a determined Ocean County divorce attorney for more information on alternatives to the traditional divorce process that allow you to end your marriage without going to court.