While you do need the court to legally dissolve your marriage, you don’t need the Court to make the actual decisions for you.
For instance, you don’t need the court to decide where your children will live, how much parenting time you will have with your children, how much child support or alimony you will pay or receive, or how your assets and debts will be divided.
Instead, you can make such decisions with your spouse in a written contract, commonly referred to as a Marital Settlement Agreement.
You can then have the court grant a Judgment of Divorce, which is literally attached to your Marital Settlement Agreement so that it becomes binding as a court order.
In fact, about 99% of divorce cases filed in New Jersey are settled out of court by mutual agreement.
It’s important, however, to have a competent divorce and family lawyer help you reach a Marital Settlement Agreement and draft it for you. This way, you won’t overlook any important issues that could result in going to court after the divorce.
When spouses have difficulty reaching agreements, it’s common to threaten to “go to court” without really knowing what they’d be getting into.
In reality, it takes a lot before a judge will decide your case in New Jersey Family Court – a lot of time, a lot of money, and a lot of emotional wear and tear.
To find out what really happens when the court decides your divorce case, check out my blog here.
In the meantime, please call or click here to schedule a personalized consultation and receive substantive legal advice and a customized strategy for your divorce or separation.