Divorce can be a very long and drawn-out process, particularly if you “litigate” your divorce—that’s where you and your spouse end up in court. However, there are ways to move the divorce process along much faster.

Go with an Uncontested Divorce

As long as you and your spouse can agree on all of the issues surrounding the divorce, such as property division, alimony, child support, child custody, child parenting time, and the division of debt, you can opt for an out of court settlement, which can be resolved relatively quickly.  

Your case can move much more quickly when both spouses are familiar with the marital assets and income and can agree upon custody and parenting time arrangements. This makes it more likely to reach and sign a divorce agreement sooner between you and your spouse and your attorneys. The advantages of achieving and signing a divorce agreement early in the divorce process include: The Court can schedule an “uncontested hearing” sooner when all issues have been resolved and a divorce agreement has been signed. There are no disputes about income, asset values and child custody arrangements.

Mediation

Another option in New Jersey is mediation. Mediation works best for couples that have agreed they are headed for divorce and would like to save time and money by cooperating to reach a mutually agreeable resolution.

In order for mediation to be effective, it is important that both spouses are committed to cooperating with one another and sharing financial information to maximize the chances for success. It takes a skilled and competent divorce mediator who can explain the process to both of you fully and ensure that you both understand the process. It is also extremely important that you both trust and feel comfortable with the mediator.

A mediator will usually meet with both spouses for the number of sessions that it takes to reach a mutually agreeable resolution of all issues, whether it be child custody, parenting time, child support, payment of college expenses, alimony, or division of marital assets and debts. A good mediator uses highly effective tools and techniques in order to neutralize conflict. The end goal is to design a complete resolution that meets both spouses’ needs, interests, and goals.

Mediation is generally a much shorter process than a traditional litigated divorce. Mediation results in a Memorandum of Understanding and either or both spouses still need an attorney to prepare the divorce agreement and have the divorce entered by the Court.

Collaborative Divorce

Collaborative divorce is relatively new to New Jersey. It is similar to mediation but it is generally a more effective process. When starting a collaborative divorce process, both you and your spouse will each have your own attorney and you will work in a team environment in which additional professionals are added as necessary. The end result is that both you and your spouse get “the best bang for the buck” because you are paying for only those professionals that can help the most. As a result, legal fees are generally lower in collaborative divorce than in divorce litigation.  

In collaborative divorce, your attorney’s primary role and the role of your spouse’s attorney is to act as an educator and guide throughout the process. The attorneys will educate you about the collaborative process, identify and explain the legal implications of your options, and help frame the issues that are relevant in your matter.

The attorneys also play a significant role in managing conflict. In order to do that, attorneys who focus on collaborative divorce are typically skilled in identifying big-picture goals and finding common ground to achieve better results.

The collaborative divorce process also typically takes much less time than a litigated divorce. This happens because both spouses are “on the same page” and working toward a solution that meets the needs, interests, and goals of one another.

So whether you opt for reaching a divorce agreement out of court, mediation, or collaborative divorce in New Jersey, your choice will be much more efficient and less costly than a litigated divorce.