Alternative Methods of Divorce in New Jersey | What to Know

Every couple is different. As a result, every divorce is different, and what works for one couple, may not work for another. In New Jersey, there are a number of different ways to get divorced, depending on your unique situation. Read on to learn more about alternative methods of divorce available in New Jersey.

Contested vs uncontested divorce:

One of the most important ways to determine the type of divorce you will get is whether you are filing for a contested or uncontested divorce. A contested divorce means that spouses cannot agree on their marital issues. In this case, they will need a judge to determine these issues for them. This will lead to a litigated divorce. If couples choose an uncontested divorce, it means they both agree to the divorce, and that no one party is to blame. This is also known as an Irretrievable Breakdown of Marriage. In this case, spouses may be able to finalize their divorce outside of the court, through alternative methods. 


Litigation involves a couple getting divorced through the court. In this case, a judge will make decisions on your behalf. Often, couples hope to avoid litigation. This is because it can be a long, expensive, and public process.


Mediation is a very popular method of divorce. Mediation involves a couple getting divorced outside of the courtroom, with the help of a neutral third party. This third party helps the couple work through the matters of their divorce. Many couples get divorced outside of the court because it is often faster and less expensive.

Collaborative Divorce

This type of divorce also takes place outside of the courtroom. When it comes to a collaborative divorce, each party will get a lawyer. Then, the couple and their lawyers will work together to find creative solutions to the matters of the divorce.


Arbitration is similar to mediation, in that it takes place outside of the court, and it involves a neutral third party. But, in this case, the third party acts as a judge and can make decisions on behalf of the couple.

How do you decide?

There are pros and cons to each method. As a result, it is important to speak with an experienced divorce attorney. A skilled attorney will work with you to determine which method of divorce is best for you and your family.

Contact our experienced Red Bank firm

Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.