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Types of legal pathways for New Jersey divorces

On Behalf of | Apr 6, 2023 | Blog, Divorce

Divorce isn’t uncommon for New Jersey residents, but that doesn’t make it any easier. During this time of emotional highs and lows, individuals often make decisions based on what friends and family did in similar situations. Or, in some cases, overly dramatic depictions in movies and television shows. These scenarios often don’t reflect reality.

Types of legal processes for divorce

Litigation is the most well-known version of divorce. Such divorces are handled in a courtroom in which everything is handled by lawyers and a judge decides what’s best.

Since you have to go through legal hoops to be considered divorced, many people think litigation is the only process for divorce. There are – oftentimes  – less expensive alternatives as well.

A collaborative divorce model involves the couple working together to determine the terms of their divorce. The couple may go to mediation beforehand – sometimes, that’s all the couple needs.

The couple will still negotiate and work together after mediation. The goal, however, is to make the process as easy and non-hostile as possible.

What makes the collaborative approach different?

Collaborative divorce processes are less hostile than traditional litigation divorce processes. In a litigation divorce process, your attorney works to get you the best deal by whatever means necessary.

In a collaborative divorce, everyone is more or less working together to figure out what works best for them. This model gives the divorcing couple more control and could reduce hard feelings.

That doesn’t mean there won’t be disagreements. It just means there will be more room for negotiating and working together. Collaborative divorce isn’t always the answer, though.

When to go through litigation

Litigation divorce processes are for couples where there’s just no working together. Or, if your ex is being extremely unreasonable, bringing in the judge can help ensure you get what you need regardless of your ex’s actions.

It’s important to research the different processes to determine what approach will work best for you. Divorce is hard, but choosing the right legal pathway will make it easier.