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Amicable divorce: What are my options?

On Behalf of | Sep 23, 2022 | Divorce |

Divorce typically involves messy and painful interpersonal conflict. You and your spouse will fight about everything from how you split your property to how you share time with the children. The more that the two of you disagree about when you file, the longer and more expensive divorce proceedings will become.

However, you don’t have to resign yourself to a messy court battle just because you know that you need to file for divorce. Spouses in New Jersey have the option of pursuing an amicable or uncontested divorce. Essentially, instead of asking a judge to resolve your disputes, you present the courts with a proposed custody arrangement or property division settlement.

A judge reviews the terms that the two of you suggested and can quickly approve your agreement instead of entering their own decision. What are some of the ways that you and your ex can secure an amicable divorce?

Collaborative divorce is a viable option

You can decide from the earliest stages of your divorce proceeding that you want to cooperate with one another instead of fighting. Collaborative divorce could start with you and your spouse discussing matters on your own or negotiating through your attorneys.

Provided that you can settle your biggest disagreements, collaborative divorce can be a quick and effective way to settle disagreements and move forward with an uncontested filing. As an added bonus, you may also limit the damage you do to your relationship by working together instead of fighting, which can often benefit those who will co-parent after the divorce.

Alternative dispute resolution can help

If you and your spouse currently disagree and don’t seem to get anywhere through collaboration with one another, then alternative dispute resolution could help. Mediation and arbitration are the most common systems used by divorcing couples.

Arbitration is much like court. Both of you present your own side of the case to a neutral arbitrator who then enters a suggested decision in the matter, much like what a judge does. Mediation also involves a neutral third party, but instead of making a decision for you, their role is to help the two of you compromise.

Any solution that helps you resolve your disagreements could lead to a faster, cheaper and less contentious divorce. Recognizing the different approaches that can help you secure an amicable divorce will minimize the conflict you have with your spouse at the end of your marriage.

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