Alternative Methods of Divorce in New Jersey
Couples sometimes seek out alternative methods that do not require litigation when they are planning to divorce. While it is not always possible for all couples to do, some are able to come to agreements regarding the terms of their divorce outside a courtroom without the assistance of a judge. This is why there are other options are available for spouses to end their marriage that does not require litigation. These alternatives allow couples the opportunity to reach conclusions regarding their marital issues on their own terms. Discussions during these processes pertain to issues such as child support, child custody, the division of assets, and alimony.
One alternative method of divorce that is commonly used is the process of mediation. During mediation, spouses discuss and negotiate the terms of their divorce and how they wish to arrange their marital issues. This method takes place with the help of an unbiased third party to guide the spouses towards solutions that work best for their personal situation. This third party exists to mediate any disagreements that may take place during the process.
Once a couple reaches their decisions, the mediator will draft an agreement for them to sign. The document is then presented to the court for review. If the court agrees with the couple’s arrangements, they may be granted a Judgement of Divorce.
There is no set duration for mediation. The process can last for as long as a couple needs to reach the necessary decisions. It is because of this that there are no time limits put upon the couple to meet a deadline. This allows them to take their time coming to conclusions regarding the sensitive matters at hand.
A collaborative divorce lets couples discuss their marital issues through a series of four-way meetings. These meetings give spouses the chance to settle these issues. The difference between this and mediation is that the negotiations are guided by attorneys to assist the spouses in reaching these decisions.
Collaborative divorce proceedings are supported by a Participation Agreement. This is signed by both spouses and their attorneys. It details each person’s obligations during the process. This requires them to put in the effort to make the process work. When this agreement is signed by the attorneys, it bars them from representing these clients if the process does not work. This holds them responsible for putting in the effort as well to ensure the success of their clients.
Another option for divorce outside of litigation is arbitration. This process also requires the assistance of another a third party. However, unlike mediation or collaboration, this third party acts as a judge during the process. They make all of the necessary final decisions regarding the marital issues at hand.
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If you or someone you know is going through a divorce, contact the Law Office of Toby Grabelle, LLC. today.
The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.