The average person likely thinks of contentious court hearings when they picture a divorce, but a court battle is not an inevitable part of the modern New Jersey divorce system. It is possible for you to effectively resolve everything on your own before you even file for divorce. Although it is true that the family courts will review your divorce documentation, they are not the only way for you and your ex to set the terms for the end of your marriage.
You can set terms before you officialize your divorce in what is known as an uncontested divorce filing. As the name implies, an uncontested divorce filing occurs when both divorcing parties agree that a divorce is necessary and set mutually agreeable written terms for the division of their assets and parental rights and responsibilities. Uncontested divorces tend to be much faster, and therefore more affordable.
To file an uncontested New Jersey divorce, you and your ex must find terms that you can both agree upon. For many couples, agreement on terms can seem like an impossibility during the heightened emotions that precede a divorce. Alternative dispute resolution methods can make that seemingly impossible agreement a more feasible prospect.
Find a way to compromise through mediation or arbitration
If you have already tried to set your own amicable terms for divorce and failed to resolve anything, you might think that you are out of options. However, that is not necessarily the case. Although you and your ex may not currently be able to cooperate or negotiate directly, you may be able to work together in mediation or arbitration to set terms for an uncontested divorce.
Mediation will involve both parties and their attorneys trying to find a compromise for any outstanding issues. A professional mediator can help you navigate the negotiating pitfalls so commonly experienced during divorce. So long as you will both compromise and commit to making it work, mediation can be a great way to resolve outstanding issues.
If you don’t think that direct compromise is possible, arbitration could be an option. At arbitration, you work with a third party that you empower to make decisions on the divisive terms on your behalf. Any terms not previously decided will come from a neutral third-party. The primary objective is a fair and reasonable solution that works for everyone.
Provided that you both agree to the terms set in mediation or arbitration, you can produce and sign documents that will then play a role in your divorce filing, allowing for a quicker and easier uncontested divorce. Many couples who can find agreeable terms discover that alternative dispute resolution can make an uncontested divorce a possibility for their family.