Ending a marriage does not have to involve heated court battles and a drawn-out legal process. In fact, while some couples may need to litigate divorce disputes in court, others may be able to pursue less contentious avenues towards favorable resolutions. Those avenues provide out-of-court options for working out divorce disputes. In many cases, these alternatives to traditional divorce can result in better outcomes for all parties involved.
The Red Bank divorce lawyers at Dwyer, Bachman, Newman & Solop Attorneys at Law have extensive experience representing clients in divorce mediation and arbitration. Whether you are looking for more answers about these litigation alternatives or you are ready to proceed with one of them, we are here for you, ready to help and provide exceptional counsel at every step moving forward.
Divorce Mediation in Monmouth County, NJ
Mediation for divorce involves ex-spouses discussing and trying to work out their disputes with the help of a neutral third-party, the mediator. With this alternative to divorce litigation:
- The mediator will facilitate the discussion but not advise the divorcing parties: Exes should retain their own attorneys for advice regarding their rights and options. The mediator will simply offer options, ask questions, and try to help move the conversation closer towards common ground and/or opportunities for compromise.
- More creative solutions can be devised: Exes can create whatever solutions they can mutually agree upon when it comes to the disputed issues in their divorce case. For example, divorcing parents may devise unique parenting plans to fit their schedules and needs, and these solutions can offer far more flexibility than what the court would impose.
- Divorcing parties can have a direct hand in the resolution: Having a say in how property division, child custody, and other matters of your divorce are resolved can be critical. It can help you work out solutions that better fit you and your family’s needs. It can also help you feel better about the process, its outcome, and life after divorce.
As another alternative to divorce litigation in New Jersey, divorce arbitration is an out-of-court option that works differently than mediation. With divorce arbitration:
- The parties choose the arbitrator: Each ex-spouse must agree on who the arbitrator will be. The arbitrator can be a licensed attorney, but it cannot be the lawyer who is representing either party in the divorce case. This would present a conflict of interest. Like mediators, arbitrators should be neutral third parties.
- The parties decide if divorce arbitration will be binding: Unlike divorce mediation, arbitration can be a legally binding process IF the divorcing parties want it to be. Specifically, exes will need to decide upfront whether they want arbitration to be legally binding or if they want the decision from this proceeding to be treated as a recommendation only.
- The arbitrator will make the final decision: Even if the divorcing parties want arbitration to be legally binding, any decision made by the arbitrator will be reviewed by the court, with a judge making a final ruling on the matter.
New Jersey courts have issued detailed guidance regarding mediation and arbitration alternatives for divorce. That guidance is available online here.
Divorce mediation and arbitration are not necessarily the best options for all couples and cases. However, when these alternatives are viable options that end up being successful, they can provide several benefits over the traditional divorce process in New Jersey. In fact, some advantages to divorce alternatives versus traditional litigation can include:
- A greater sense of empowerment: Divorce can be upsetting and depressing, especially when you feel like things are out of your control and you have no say in the outcome. With alternatives to divorce litigation, exes can have a direct say in how their case is resolved. That can be essential to regaining a sense of control and empowerment in divorce while reducing the stress that often comes with the process.
- An expedited dissolution process: Going through the courts for divorce can mean lots of waiting, as couples will be bound to the court’s overburdened schedule. This can mean that couples have to wait weeks or longer for hearings, rulings, and more. In contrast, divorce alternatives let divorcing parties move forward at their own pace, not the court’s timeline. That often means faster resolutions while reducing the overall costs of divorce.
- Privacy: Divorce litigation will become part of the public record. The proceedings for divorce alternatives will not. As a result, pursuing mediation or arbitration can be advantageous for exes who want to keep financial details and other personal, sensitive information private through the divorce process.
- Better resolutions: No one knows you and your family better than you. So, if you can be part of the decisions in how the disputes in your case are resolved, it’s far more likely that you and your ex will be able to come to a mutually beneficial agreement—as long as you can work together. These agreements can be much more favorable and gratifying than any decision handed down by a family court judge who does not know you.
Of course, divorce mediation and arbitration can be involved processes, and they may not always end the disputes between divorcing parties. Consequently, it’s always best to have the representation of an experienced divorce lawyer.
The way you choose to dissolve your marriage can have major impacts on how long the process takes, how much it costs you, and how your life looks after a divorce. When you want to make sure you choose the best option to support your circumstances, needs, and goals, you want a Red Bank divorce lawyer at Dwyer, Bachman, Newman & Solop Attorneys at Law in your corner.
Our boutique family law firm specializes in divorce litigation, divorce mediation, and divorce arbitration. No matter how complex your case may be, our team has the expertise, skills, and resources to provide superior representation and counsel throughout the divorce process. Let us explain your options and how we can help you during an initial case evaluation.
Call (732) 863-2463 or contact us online now for essential legal advice and answers regarding your options in divorce.
With more than a century of combined family law experience, our trusted lawyers have a deep understanding of New Jersey divorce law, processes, and alternatives. We also know the various strategies that can be effective in different types of divorce cases. That is how we excel at helping our clients:
- Navigate the divorce process: Don’t make short-sided decisions because you are unaware of better alternatives or you can’t see the bigger picture. We’ll explain what’s at stake and provide the extraordinary counsel you need when it’s time to make the tough choices.
- Protect what’s most important as their case proceeds: With our experienced advocacy, you’ll know what you need to do to avoid compromising your case, your standing, and your goals.
- Seek favorable outcomes: We’ll work tirelessly to get the best possible results and bring your case to a favorable close so you can move on with your life.
From offices based in Red Banks and Old Bridge Township, our family lawyers are proud to offer the highest-quality divorce representation to clients throughout Monmouth County.
