Skip to content

As you are undergoing a divorce from your spouse, tensions may run high in the courtroom. This setting may place a great deal of emotional and financial strain on your entire family. It may benefit you to know that at your disposal are alternative methods that avoid the courtroom altogether. Continue reading to learn how you can get a divorce without going to court and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can help you navigate these options.

Can I finalize a divorce without having to go to court?

It is possible to finalize your divorce without having to go to court. But this is so long as you and your spouse have remained relatively amicable since you decided to part ways. It is also helpful if you and your spouse are on relatively the same page regarding the divorce-related terms at stake, such as the following:

  • You and your spouse are agreeable or willing to negotiate on child custody guidelines.
  • You and your spouse are agreeable or willing to negotiate on child support payments.
  • You and your spouse are agreeable or willing to negotiate on spousal support payments.
  • You and your spouse are agreeable or willing to negotiate on divvying up marital assets.

A common method for avoiding court intervention for a divorce is mediation. This is an alternative divorce method in which you and your spouse will engage in constructive communication to create a Separation Agreement. These sessions will be conducted by a neutral third party, which may or may not be an attorney. They may also be scheduled in a timeframe that works best for both you and your spouse.

What are other options for avoiding court?

To reiterate, the presence of an attorney is optional in a mediated divorce. But if you feel more comfortable with having an attorney(s) as a guaranteed figure(s) throughout your proceedings, in addition to having a more structured setup, then you may want to opt for a collaborative divorce or arbitration.

For one, a collaborative divorce will have you and your spouse each obtain an attorney. Then you will work with your respective attorneys, along with a team of experts, to finalize the outstanding divorce-related matters at hand. You must understand that if you and your spouse cannot reach an agreement here, then you will have to go to court with new attorneys.

On the other hand, arbitration will leave you and your spouse excluded from the decision-making on the outstanding divorce-related matters at hand. Rather, a panel of attorneys will work on your behalf to resolve these contested issues.

You must make a valiant effort toward executing an alternative divorce method. Reach out to a skilled Bergen County divorce attorney at McNerney & McAuliffe to learn how to get started on these proceedings.

Read Our Latest Blog Posts

  Can I Establish Alimony in a Prenuptial Agreement?

The essential purpose of a prenuptial agreement is so that you may ensure your financial protection in the unfortunate event…

Read More
  When Is Sole Custody Granted in a Divorce Case?

If you are granted sole physical custody over your child, that means that your child will primarily reside with you…

Read More