Do you need to take your divorce all the way to court?

On Behalf of | Jan 6, 2023 | Divorce, DIVORCE - Divorce |

A divorce may alter your foreseeable future. When considering how to approach it, understanding your options for getting to the finish line may help you make decisions more effectively. One of those is that there is more than one way to reach a divorce decree.

The New Jersey family court system has options for how your divorce proceeds. Delve into some of these and find one that may prove a better path for your situation.

What happens in a contested divorce?

Filing for the dissolution of your marriage kickstart the divorce process. There are two paths for your divorce to travel at the onset. If you and your spouse agree on all issues and do not need a judge’s assistance, then you may file and proceed down an uncontested path. However, many divorces take the contested approach, which means that you and your spouse must either agree on terms and negotiate or face a judge for final disposition.

What is mediation?

Mediation is an alternative to duking it out in court. During a mediation, a neutral party acts as a go-between with you and your spouse to finalize the items necessary to obtain your divorce. You may also go before an arbitrator, who acts as a cross between a judge and a mediator. One key difference between the two is that the mediation agreement is not binding, whereas the arbitration agreement is.

The relationship with your spouse may hold the key to how your divorce proceeds. If the breakup was mutual, you may get through easier. Both of you should remain mindful that if you cannot compromise, a judge will do it for you, taking the entire process out of your hands.